Homicide Defendant Released After Reopened Preliminary Hearing

A homicide defendant was released after the defense was granted a motion to reopen the preliminary hearing in front of D.C Superior Court Judge Robert Okun in an Aug. 30 hearing.

Jahi Settles, 23, is charged with second-degree murder for allegedly killing 33-year-old Langston Sharps with a firearm. The incident occurred on July 3, 2023, on the 2800 block of Hartford Street, SE.

According to court documents, a witness reported watching Settles and Sharps get into a verbal altercation about money, overhearing that Sharps owed Settles money. The witness then allegedly watched Settles pull out a gun and shoot Sharps.

Settles’ defense attorney, Jason Tulley, displayed surveillance footage from the incident, which had previously been admitted without audio to provide a different perspective of the argument. Tulley said Sharps initiated a physical altercation by trying to punch Settles, before he drew a firearm and shot at Sharps.

The defense called a Public Defender Services (PDS) investigative specialist who consulted a medical examiner about the victim’s gunshot wound. The witness testified that the injury patterns were consistent with the defendant lunging into the victim, setting off the gun by accident.

The investigator testified that there were two other witnesses present at the scene during the altercation–one heard a gunshot, and saw the argument, during which Settles had a “normal tone” but watched Sharps angrily swing at the defendant before the gunshot.

Another witness near the shooting described Sharps as “aggressive and vulgar,” allegedly threatening Settles, while Settles remained calm, according to the investigative specialist. He added the witness saw Sharps reach into a bag and pull out “an object” and swing at the defendant, the gunshot following moments later.

During the cross examination, the prosecution determined the specialist and medical examiner only reviewed two photos, was unsure about the injury patterns, trajectory of the bullet, and what lunging into the victim revealed about the incident.

The witness confirmed that all the information from the pair of witnesses came from conversations with Tulley.

The prosecution then called the lead homicide detective who testified at the last preliminary hearing.

The prosecution revisited the surveillance footage that documented the shooting, and the detective said the audio and video didn’t match up due to a lag in the footage. He also told Judge Okun that ShotSpotter’s timing and the footage time didn’t match up either. ShotSpotter is a technology used by police to determine the location of gunfire.

Tulley argued the new evidence shows Settles shot Sharps in self-defense. He insisted the audio of the surveillance footage confirms that Sharps had initiated the physical fight, and there was evidence to suggest that he had a weapon in hand due to the knife found on scene with the victim’s DNA apparently present.

Tulley argued that this was a strong case for manslaughter, and that Settles ”himself was surprised by the shot.”

The prosecution refuted this argument by referring to the footage in which Settles leaves the argument and returns to shoot Sharps. They said during interviews with police, Settles never mentioned being afraid or acting in self-defense.

The judge stated that the new evidence didn’t undermine his previous ruling, and still found probable cause for second-degree murder.

However, he found Sharps as the first aggressor and in consideration for Settles’ clean record before the incident he was released to home confinement after a representative from the Pretrial Services Agency (PSA) found him eligible.

The parties are set to reconvene on Oct. 1.

Homicide Co-Defendants Waive Their Rights To DNA Testing

Co-defendants in a homicide matter waived their rights to DNA testing in front of DC Superior Court Judge Robert Okun on Aug. 30.

Juvan Alston, 22, and Davon Alston, 21, are charged with first-degree premeditated murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license for their alleged involvement in the fatal shooting of 17- year old Dennis Simms on July 1, 2022, on the block of 809 Yuma Street SE.

Juvan also faces a conspiracy charge. According to court documents, Simms died from a single gunshot to his head.

The prosecution recovered evidence from the scene, but hasn’t tested any of the items yet. Juvan and Davon, meanwhile, agreed to waive their rights to perform independent DNA testing.

Juvan’s defense attorney, Stephen LoGerfo, and Duvan’s defense attorney, Madalym Harvey, revealed they have discovered new evidence, but alerted the court that they need time to determine its validity.

Parities are set to reconvene on March 21.

Homicide Defendant Warned to Stay in Probation Compliance

D.C Superior Court Judge Robert Okun warned a homicide defendant about his non-compliance regarding probation requirements during an Aug. 30 hearing.

Joseph Smith, 60, is charged with voluntary manslaughter while armed for allegedly stabbing his 62-year-old brother, Arnold Smith, in their family home located on the 600 block of Galveston Place, SE on April 9, 2019.

The prosecution expressed concern about Smith’s electronic monitoring device which registered no battery charge for nine hours. However, they acknowledged that Smith did not violate his stay away order and was compliant with the rest of his probation conditions.

Smith’s defense attorney, Joseph Yarbough, assured the court that this was a one time occurrence.

The judge released Smith, and warned him about charging his device in compliance with his probation.

Parities are set to reconvene on Sept. 3.

Homicide Defendant Requests More Time For DNA Testing Decision

On Aug. 30, a homicide defendant requested more time to decide whether he wants to waive his right to DNA testing in front of D.C Superior Court Judge Robert Okun.

Lavaughn Barnes, 32, is charged with premeditated first-degree murder while armed for his alleged involvement in the death of Abdul Arias-Lopez, 59, that occurred on Nov. 4, 2022 on the 1300 block of Kearny Street, NE. Arias-Lopez’s dismembered body was recovered in Barnes’ backyard on Feb. 3, 2023.

The prosecution announced that they had completed testing on DNA, fingerprints found at the scene, and other biological evidence related to the incident.

When Barnes was asked if he wished to waive his rights to DNA testing, his attorney, Jason Tulley, alerted the court that he needed more time to make a decision.

Parties are set to reconvene on Oct. 1.

Jury Convicts Co-Conspirators of Ten-Year-Old Girl’s Murder, Mass Shooting

A jury convicted three individuals on all charges in connection to the murder of a ten-year-old while injuring four other individuals on Sept. 3 before DC Superior Court Judge Robert Okun.

Antonio Murchison, 31, and Mark Price, 30, were convicted of first-degree murder while armed, five counts of assault with intent to kill while armed, aggravated assault knowingly while armed, seven counts of possession of a firearm during a crime of violence, conspiracy, and seven counts of criminal gang affiliation.

The charges stem from their involvement in a July 16, 2018 mass shooting on the 5300 block of 53rd Street, NE in the Clay Terrace neighborhood. The incident left ten-year-old Makiyah Wilson dead and four other individuals with gunshot wounds.

“Despite having witnessed the defendants preparing for the shooting, no witnesses were willing to provide information regarding the identity of the shooters. The government presented forensic evidence, statements the defendants made over social media, and motive evidence in presenting its case,” according to a release issued by DC US Attorney Matthew Graves and Chief Pamela Smith of the Metropolitan Police Department (MPD).

A third co-defendant, Quanisha Ramsuer, 31,was charged with obstruction of justice in connection to the homicide. The prosecution requested that Ramsuer, who had been on release for more than six years, be detained due to her conviction. However, Judge Okun ordered she remain released, but said she must wear a GPS monitor.

Six other defendants were convicted in 2023 of the high profile crimes.

Price is also charged with first-degree murder while armed, two counts of assault with intent to kill while armed, threat to injure or kidnap a person, four counts of possession of a firearm during a crime of violence, unlawful possession of a firearm by a convict and first-degree burglary while armed. These charges are connected to the fatal shooting of 47-year-old Andre Hakim Young on July 30, 2018, on the 1500 block of 19th Street, NE.

Parties are slated to reconvene for sentencing Dec. 13.

Document: MPD Investigating Northeast Homicide

The Metropolitan Police Department (MPD) announced an ongoing investigation into a homicide in Northeast, Washington D.C.

On the morning of September 2, 2024, officers responded to a call regarding an unconscious man in the 5100 block of Sheriff Road, Northeast. The man, who was found suffering from a gunshot wound, was declared dead on arrival.

The man was identified as 51-year-old Herbert Jones from Northeast.

The MPD encourages anyone with knowledge about this incident to contact the police at (202) 727-9099 or text the tip line at 50411. The Department offers a reward of up to $25,000 for information that leads to the arrest and conviction of those responsible for a homicide committed in D.C.

Document: MPD Investigating Officer Involved Shooting

The Metropolitan Police Department (MPD) announced that it is currently investigating an officer-involved shooting that took place in the 2500 block of Marion Barry Avenue Southeast. The incident occurred on Sunday, September 1, 2024, at around 5:30 a.m. when Seventh District officers responded to a report of a car crash at the location.

Upon arrival, the responding officers found the driver unresponsive in a car that had struck a commercial building, causing minor damage. Notably, the officers observed a firearm inside the vehicle. Additional officers were promptly requested at the scene.

The MPD reported that the suspect, who was still in the vehicle, began moving and was seen to have a weapon. Officers instructed the suspect to drop the weapon, but as they approached the suspect with their service weapons drawn, the suspect grabbed one of the officer’s service weapons.

This led to two officers discharging their firearms, shooting the suspect. Despite immediate medical assistance from DC Fire and EMS, who were already present at the scene, all lifesaving measures were unsuccessful, and the suspect succumbed to his injuries.

The department has identified the suspect as 26-year-old Justin Robinson from Southeast, DC. The suspect’s weapon was recovered at the scene.

The MPD noted that the officers involved in the shooting have been placed on administrative leave in line with MPD policy. The incident remains under investigation by the MPD Internal Affairs Division’s Force Investigations Team, which handles all law enforcement officer-involved shootings in the district. Meanwhile, The United States Attorney’s Office will independently review the facts and evidence of the case. The release of body-worn camera footage will follow District of Columbia law procedures.

Finally, the MPD requests anyone with information about this case to call the police at 202-727-9099. They also highlighted the option to anonymously text information to the department’s TEXT TIP LINE at 50411.

Document: MPD Investigating Fatal Stabbing in Northeast

The Metropolitan Police Department (MPD) announced that it is investigating a fatal stabbing incident that occurred in Northeast. The event took place on Sunday, September 1, 2024, around 2:53 p.m. and left one man dead and a woman injured.

The incident happened on the 900 block of Division Avenue, Northeast. Patrol officers from the Sixth District were dispatched following a report of a stabbing at the location. One victim, an adult male, had self-transported to the Sixth District police station for help, presenting with apparent stab wounds. He was subsequently taken to an area hospital by DC Fire and EMS. Despite all medical efforts, he was pronounced dead at the hospital.

A second victim, an adult female, was found at the scene also suffering from stab wounds. Her injuries were not life-threatening, and she was transported to an area hospital for treatment.

The deceased has been identified as 23-year-old Gray Hall of Northeast.

In closing, the MPD urges anyone with information about this incident to contact them at (202) 727 – 9099 or by texting a tip to 50411. The department is offering a reward of up to $25,000 for any information that leads to the arrest and conviction of those responsible for a homicide in the District of Columbia.

Document: MPD Arrests Suspect in Fatal Stabbing in Southeast

The Metropolitan Police Department (MPD) announced the arrest of a suspect in a fatal stabbing incident in Southeast.

On August 30, 2024, at approximately 4:29 p.m., MPD officers responded to a report of a stabbing at the 3800 block of South Capitol Street, Southeast. Upon their arrival, the officers found an adult female inside a residence, suffering from multiple stab wounds. Despite the efforts of DC Fire and EMS, who responded to the scene, the victim could not be revived and succumbed to her injuries.

The victim of the fatal stabbing has been identified as 42-year-old Tiffany Parker of Southeast, DC.

The suspect, identified as 64-year-old Adrian Morgan of Southeast, DC, was located by responding officers and taken into custody. Following investigations led by detectives, Morgan was charged with Second Degree Murder While Armed.

Document: MPD Investigating Infant Death as a Homicide

The Metropolitan Police Department (MPD) announced that they are currently investigating the death of a child in Southeast as a homicide case.

On Monday, May 27, 2024, at approximately 11:02 a.m., officers responded to a report of an unconscious infant at an apartment in the 1400 block of Newton Street, Northwest. The infant was transported by D.C. Fire and EMS to an area hospital where he was pronounced dead. The infant has been identified as 2-month-old Amiri Royal Bynum, of Northwest.

On Monday, August 26, 2024, the Office of the Chief Medical Examiner for the District of Columbia determined that the infant died from Fentanyl/Methamphetamine Intoxication and the manner of death was ruled as a homicide.

The MPD advised that anyone with knowledge of the incident should call police at (202) 727-9099 or text a tip to the Department’s TEXT TIP LINE at 50411. The MPD is currently offering a reward of up to $25,000 to anyone who provides information that leads to the arrest and conviction of the person or persons responsible for a homicide committed in the District of Columbia.

‘You Are A Unicorn,’ Says Judge in Suspending All But Three Months in A Shooting

DC Superior Court Judge Rainey Brandt, standing in for DC Superior Court Judge Lynn Leibovitz, sentenced a shooting defendant to 18 months, with all but three suspended on Aug. 30.

Jaylon Deangelo Whack, 30, was originally charged with assault with a dangerous weapon and possession of a firearm during a crime of violence for firing a single shot at his uncle following a verbal dispute in a relative’s home on May 29 on the 3700 block of Horner Place, SE.

On July 11, Whack pleaded guilty to assault with a dangerous weapon, a charge that has a maximum sentence of 10 years in prison.

During the hearing, prosecutors recommended the bottom of the sentencing guidelines of eighteen months of incarceration, noting that Whack has no prior convictions or criminal record.

Mathew Hertz, Whack’s attorney, clarified that Whack “was not the kind of person who picks up a gun after an issue.” He argued this was a rare circumstance for which treating issues like anger management or impulse control would not be as effective in jail rather than treatment during probation. He requested Judge Brandt impose a “short-split” sentence, which allows the defendant to serve a short part of the sentence in jail, and the other part through programs during probation.

However, due to the nature and circumstances of the crime, the prosecution objected, stating they believed Whack should receive a straight sentence.

Hertz emphasized Whack’s case as an anomaly, mentioning he accepted responsibility for his actions and his intention to start over and become a better person.

Whack told Judge Brandt in a personal statement that he “acted out of fear” and “felt in danger.”

In consideration, Judge Brandt stated , “You are a unicorn– you managed to live to the ripe old age of thirty, never ever having a criminal record… give credit to the people who brought you up and the people you surround yourself with because there are too many young Black Americans who can’t say the same.”

Considering his lack of criminal record and promise to change, the court sentenced Whack to 18 months of incarceration, with 15 months suspended. Whack is expected to be released within a few days. He must serve three years of supervised release.

No further dates were set.

Defense Challenges Victim’s Identification of Shooting Suspect

DC Superior Court Judge Michael O’Keefe delayed jury selection for Anthrone Cabos‘ non-fatal shooting trial by one day on Aug. 30 so parties can finish questioning the lead detective in the case about the victim’s disputed identification of Cabos as her assailant.

Cabos, 27, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, assault with a dangerous weapon, assault with significant bodily injury while armed, simple assault, four counts of possession of a firearm during a crime of violence, unlawful possession of a firearm, possession of an unregistered firearm, and unlawful possession of ammunition. The charges stem from his alleged involvement in a non-fatal shooting on June 28, 2020, on the 600 block of Condon Terrace, SE.

According to court documents, a witness told Metropolitan Police Department (MPD) detectives that Cabos shot the victim in the stomach during an argument over a drug sale.

Kevin O’Sullivan, Cabos’ defense attorney, filed a motion on April 26 arguing that the victim’s identification of Cabos as the shooter from a photo array should not be admitted into evidence.

O’Sullivan said the victim’s neighbors suggested to her that someone nicknamed “Pig” might be the shooter. When she gave this information to a MPD detective, he asked her for a photo.

According to Sullivan, the victim got a photo of Cabos from a neighbor and forwarded it to the detective before the photo array, making it more likely she would identify Cabos in the photo array.

In court, the prosecution called the lead detective in Cabos’ case as a witness. He supervised the detective who received the photo from the victim and the detective who conducted the photo array.

According to the lead detective, the victim was too badly injured for MPD officers to communicate with her on the night of the shooting or for five days afterwards.

“She was receiving pretty serious medical treatment, so law enforcement didn’t contact her,” the lead detective said. He testified that her medical records showed she had surgery to the intestine, liver and uterus, and was in critical condition with a breathing tube during that time.

The lead detective said, when an MPD detective first interviewed the victim, she told him that she didn’t personally know the name of the man who had shot her, but she had heard from someone in the neighborhood that his nickname was Pig. Two days later, she texted the detective that she had learned the shooter’s name was “Arthrone.”

“The person who gave her the nickname Pig didn’t personally witness the shooting?” O’Sullivan asked during cross-examination.

“Correct,” said the lead detective.

O’Sullivan displayed a text from an MPD detective to the victim, sent before the photo array, that asked her if she had a photo of the person known as Pig. She texted back that the people she had asked for a photo were “clueless.”

“You don’t know if the complainant found a picture of Cabos and texted it to [the detective] before the photo array?” O’Sullivan asked.

The lead detective said the victim and the detective she was texting both said she didn’t.

According to the lead detective, the victim circled Cabos’ picture in the photo array and wrote, “Very sure. Zero doubt it’s him.”

O’Sullivan asked Judge O’Keefe to order the prosecution to turn over all files from a case one of the witnesses had pending before the court while testifying in Cabos’ case. O’Sullivan said the files might undermine the reliability of the witness by revealing contradictions in the witness’ statements to police or showing the witness was trying to gain leniency from the prosecution by cooperating in the case against Cabos.

Parties are scheduled to reconvene on Sept. 3.

‘I Feel Coerced Into This,’ Says Judge Sentencing Co-Defendants in Plea Deal

DC Superior Court Judge Michael O’Keefe reluctantly gave Jamal Mathews, Stefon Freshley and Darnell Savoy the sentences recommended in their plea deal on Aug. 30.

Mathews, 34, Freshley, 28, and Savoy, 25, were originally charged with conspiracy, two counts of assault with intent to kill while armed, and two counts of aggravated assault knowingly while armed for a non-fatal shooting on Dec. 28, 2018, on the 200 block of 54th Street, NE. The incident left a father and his juvenile son with life-threatening injuries.

On March 29, Mathews, Freshley and Savoy accepted a “wired” plea offer, so called because it is valid only if all co-defendants accept it.

Mathews pleaded guilty to aggravated assault knowingly while armed against a minor, aggravated assault knowingly while armed, and obstruction of justice. In return, the prosecution agreed to dismiss all other charges in this case and all charges in the case of an alleged stabbing at the DC Jail on July 30, 2019.

The plea deal recommended 17-to-26 years’ incarceration for Mathews.

Freshley pleaded guilty to assault with intent to kill against a minor and assault with a dangerous weapon. In return, the prosecution agreed to dismiss all other charges in this case and all charges in the case of an alleged stabbing on the 300 block of 53rd Street, NE, in the Clay Terrace community on Oct. 11, 2022, while Freshley was on pretrial release for this case.

The plea deal recommended seven-and-a-half years’ incarceration for Freshley.

Savoy pleaded guilty to assault with intent to kill against a minor, assault with intent to kill, and using, carrying and possessing a firearm in furtherance of a drug trafficking offense. In return, the prosecution agreed to dismiss all other charges in this case and all charges in a case stemming from the same alleged stabbing that Mathews was charged with.

The plea deal recommended nine years’ incarceration for Savoy.

At the sentencing, the prosecutor read a victim impact statement from the older of the two victims.

“Just imagine, as a father, I saw my firstborn helpless, foaming at the mouth, as if he had already passed on,” the victim said about his experience of the shooting. “I was told he had a long shot to make it.”

“After 10 days in the ICU [intensive care unit] and the surgeries, the rehabilitation started,” the victim said. He described his son relearning how to walk, talk and use the bathroom.

“Once the unemployment insurance ended from my job, we had no income,” the victim said. His injuries from the shooting left him unable to do his former job, and his family of five had to leave their home and move in with another family.

Judge O’Keefe asked the prosecutor why he should accept this plea deal.

“They [the victims] support the idea that this case will be resolved,” the prosecutor said. “Every time this case comes up, it just sends them back. It just makes their progress harder.”

The prosecutor suggested that sentencing Mathews to 26 years in prison could deter others from crime.

“We’re talking about someone who is looked up to in Clay Terrace,” the prosecutor said. “Mr. Mathews is by far the most culpable in all of these cases.”

Judge O’Keefe asked about the case against Savoy for an alleged stabbing at Clay Terrace that would be dropped if Judge O’Keefe accepted the plea deal.

The prosecutor said the stabbing victim had known Savoy for his whole life and was reluctant to testify against him but supported the plea deal.

“Mr. Freshley–you have him on tape stabbing someone in the DC Jail?” Judge O’Keefe asked the prosecutor.

“We don’t agree with that characterization, that he was shown on video repeatedly stabbing someone,” said Savoy’s defense attorney, Christen Philips. She said Savoy’s DNA had not been found on the two shanks recovered from the alleged stabbing.

“Mr. Freshley deserves more time in jail than this. The only reason I’m accepting it is that the victims want closure,” said Judge O’Keefe. “I feel coerced into this.”

Judge O’Keefe gave Mathews a sentence of 26 years and gave Savoy and Freshley the recommended sentences. He sentenced each of them to five years of supervised release after their prison terms end and ordered each to pay $2,000 to the Victims of Violent Crime Fund.

Freshley, Savoy and Mathews apologized for their offenses in statements to the court.

Kyle McGonigal, Savoy’s defense attorney, said that his client has been involved in a peacekeeping program at the DC Jail and is learning to be a mentor to other young men.

“He wants to do everything he can to help prevent street violence and any violence,” McGonigal said. “The program he’s participating in at the jail is aimed at doing just that.”

“I took a course from Howard University that focuses on communication skills,” Freshley said in a statement read by his defense attorney, Molly Bunke. “I have learned to be patient.”

“It was never my intent to hurt [the victims],” Mathews said. “This was a mistake. This was something that wasn’t meant to happen.”

“People do these terrible, terrible things,” said Judge O’Keefe. “The person who gets caught comes in and says, ‘I didn’t mean to shoot them.’ Of course not, but you didn’t have the common sense not to take out a gun and shoot it.”

No further hearings are scheduled in these cases.

‘If It Was Your Child, Would You Accept What They’re Giving?’ Asks Victim’s Mother of Sentence in Shooting, Homicide

DC Superior Court Judge Michael O’Keefe questioned prosecutors on the fairness of Riley Benjamin‘s plea deal on Aug. 30 before sentencing him to 15 years in prison for two shootings that left one man dead and another paralyzed from the waist down.

Benjamin, 33, was originally charged with first-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm for shooting 31-year-old Maurice McRae on Feb. 19, 2022, on the 3000 block of Bladensburg Road, NE.

According to court documents, an autopsy showed that the shooting caused McRae’s death on April 27, 2022.

Benjamin was also charged with assault with intent to kill while armed, possession of a firearm during a crime of violence, aggravated assault while armed, assault with a dangerous weapon, unlawful possession of a firearm, carrying a pistol without a license, threatening to injure or kidnap a person, unauthorized use of a vehicle, and fleeing a law enforcement officer for his involvement in a non-fatal shooting on Jan. 22, 2022, on the 1400 block of Okie Street, NE.

“These cases are eerily similar. Both are innocent people who get shot in the back and paralyzed, and one of them ends up dying,” Judge O’Keefe said.

As part of a plea deal, Benjamin pleaded guilty on June 14 to voluntary manslaughter while armed and assault with intent to kill, in exchange for the dismissal of all other charges in both cases.

The plea deal recommended a sentence of 15 years for the manslaughter charge. It recommended that the sentence for the assault charge be within the sentencing guidelines and run concurrently with the sentence for manslaughter.

Benjamin had the right to withdraw his guilty pleas if the judge sentencing him did not accept the recommendations.

“Why should I accept this?” Judge O’Keefe asked the prosecutors.

“This is the result of, I can tell you, relatively prolonged negotiations with the defense,” one of the prosecutors said.

The prosecutors said there were “evidentiary issues” with both of the cases against Benjamin.

“This plea agreement brings closure to what has been a prolonged process for these families,” one prosecutor said. “It will avoid the process of appeal, and Mr. Benjamin will go to jail for a long period of time, in our view.”

In an impact statement, the surviving victim told the court of the shooting’s consequences in that he wound up partially paralyzed just as he had a chance of joining an NFL team. He went from being a star college athlete to being unable to walk, use the bathroom normally or father children.

The victim spent days in the hospital in a coma. After he woke, he had to go through extensive surgery and rehabilitation.

“I suffered and struggled to relearn how to breathe because my lungs collapsed,” the victim said. “I’m left with $100,000’s of medical bills.”

“I don’t know if I’ll ever have the joy of having a grandchild. There were so many lives that were robbed and impacted from this,” the surviving victim’s mother told the court. “His career was stolen from him. For a child to get to that point, it’s a family sacrifice.”

“As a father we want to give answers to our children, but there are no answers,” said the father of the surviving victim.

“I mentored young men for most of my life and taught them conflict resolution, but what if you never have a chance to say a word?” the father asked, referring to the fact his son didn’t know his assailants.

The surviving victim’s grandmother told the court how responsible, ambitious and hardworking her grandson had always been.

“Never did we ever think that his path would ever cross with such criminal scum as sits here,” she said.

“He had sixty days when we had time to love on him,” McRae’s mother said, describing her murdered son’s condition in the time between his shooting and his death.

“My son couldn’t go to the bathroom anymore. He had a tube from his stomach that took his feces out through his nose. He had pain at ten every day, and it never went away,” she said.

“If it was your child, would you accept what they’re giving?” McRae’s mother asked protesting the terms of the plea agreement. But she said she supported it because she was afraid Benjamin would be acquitted if he went to trial.

“She’ll wake up at night screaming and yelling,” the great-grandmother of McRae’s young daughter told the court about her great-granddaughter. “She goes to her mother’s house and my house, but she won’t go to many other places because she’s scared.”

“He’s not coming back. It’s not fair at all,” said McRae’s sister. “I didn’t want to come, but I wanted everyone to know my brother was loved. I’m here for him and for his justice.”

“I’m not going to pretend there’s anything I can say to relieve any of the grief that’s in the courtroom today,” Julie Swaney, Benjamin’s attorney, said. “This is not a light sentence, although it feels that way to the families.”

“I don’t want to minimize this. It should never have happened. I take full responsibility,” Benjamin said regarding McRae’s shooting in a passage Swaney read from Benjamin’s presentence report.

“I think it needs to be clear that Mr. Benjamin did not shoot [the surviving victim],” said Swaney. She and the prosecutors said Benjamin was cooperating with the prosecution in the case against Roger Jones, 41, a former co-defendant with Benjamin in the non-fatal shooting case.

“This result seems completely inadequate because of the pain that’s been inflicted on all of you,” Judge O’Keefe said to the McRae family and the surviving victim and his family.

“[Benjamin] does benefit the case going forward so Mr. Jones can be held accountable,” Judge O’Keefe noted. “So there’s some justification for it–for the deal, I mean–even though it doesn’t seem fair, because it’s not fair.”

For the charge of assault with intent to kill, Judge O’Keefe sentenced Benjamin to nine years’ incarceration, the maximum allowed under the sentencing guidelines. Since the sentences run concurrently, Benjamin will serve that sentence at the same time as the 15-year sentence for manslaughter.

Judge O’Keefe sentenced Benjamin to five years of supervised release after his prison term ends. Benjamin’s release conditions include getting a complete mental health assessment and participating in all recommended treatment, completing a life skills training program, securing and maintaining employment, submitting a DNA sample to a law enforcement database, and abiding by stay-away and no-contact orders for the victims’ families.

Benjamin is required to pay $2,000 to the Victims of Violent Crime fund.

No further hearings are scheduled in these cases.

Non-Fatal Shooting Defendant Receives 15 Year Sentence

DC Superior Court Judge Michael O’Keefe sentenced Scotland Alston to 15 years in prison on Aug. 30 for shooting a woman in the chest, legs and buttocks during an argument on a street corner.

Alston, 33, was originally charged with assault with intent to kill while armed for his involvement in the non-fatal shooting on Feb. 28 on the 2000 block of Benning Road, NE.

On June 10, Alston pleaded guilty to aggravated assault knowingly while armed in exchange for the prosecution’s not seeking an indictment for any other charges stemming from the facts of this case.

At the sentencing, the prosecutor read a statement from the victim describing the effects of the shooting.

“Over the last six months, I have been learning to walk and talk again,” the prosecutor read. “I really have not been there for my seven kids because I am suffering from depression.”

“She’s not the same person,” the victim’s mother told the court. “I understand because of the trauma she went through.”

The victim’s mother said the victim was shot in the chest and over the kidney and liver. She spent two-and-a-half months in the hospital and endured multiple surgeries. She experiences pain in breathing, walks with difficulty, and must wear a colostomy bag.

“Shooting a woman who’s clearly arguing with him, but she’s sitting down, not doing anything–he thought about it and came back and shot her,” Judge O’Keefe said after the prosecutor showed a video of the incident.

The prosecutor asked Judge O’Keefe to impose a sentence of 11 years, the maximum indicated by the DC sentencing guidelines.

According to Judge O’Keefe, aggravating factors in the case allowed him to impose a sentence above the maximum.

“One of the aggravating factors is that the victim sustained devastating injuries,” Judge O’Keefe said.

In addition to the prison term, Judge O’Keefe sentenced Alston to five years of supervised release, when he must secure stable housing, maintain employment, and complete anger management therapy. Alston must also pay $1,000 to the Victims of Violent Crime Fund.

Wole Falodun, Alston’s defense attorney, apologized to the victim and her family and said Alston took full responsibility for the crime.

“It’s certainly a good thing that Mr. Alston took responsibility, and he took responsibility early and didn’t draw it out,” said Judge O’Keefe, referring to Alston’s accepting a pre-indictment plea deal within a month and a half of his arrest.

No further hearings are scheduled in this case.

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