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Jail Stabbing Defendant’s Case Dismissed

DC Superior Court Judge Todd Edelman granted a jail stabbing defendant’s motion to dismiss his case during a hearing on Aug.14.  Still, the prosecution may not be over.

Travis Haney, 37, was originally charged with assault with intent to kill while armed for his alleged involvement in a stabbing that occurred at the DC Jail on the 1900 block of D Street, SE on Sept. 14, 2024. One person was injured. 

Charges were originally brought against Haney on Sept. 26, 2024, and the nine-month deadline to indict has since passed. An indictment is a formal accusation by a grand jury indicating there’s enough evidence to go to trial.

Judge Edelman granted prosecutors a 30-day extension of the indictment deadline on July 11. 

During the hearing, the prosecutor requested additional time to issue an indictment, amounting to an 11-month span since the charges were originally filed. 

As a result, defense attorney Carrie Weletz motioned dismissal with prejudice, meaning the prosecution cannot retry the case.

Judge Edelman denied the request to dismiss with prejudice meaning the case can be reopened by prosecutors in the future. 

No further dates were set.  

Murder Defendant Pleads Not Guilty at Arraignment, Trial Pushed to 2027

A homicide defendant pleaded not guilty and asserted his right to a jury trial during an arraignment before DC Superior Court Judge Jason Park on Aug. 15. 

Tyquan Jennings, 26, is charged with second-degree murder while armed, assault with a dangerous weapon, two counts of possession of a firearm during a crime of violence, and carrying a pistol without a license. The charges stem from his alleged involvement in the fatal shooting of 19-year-old Vonte Martin and injury of a second victim on Aug. 19, 2024 on the 3000 block of Stanton Road, SE. Martin sustained two gunshot wounds to his left arm and one to his chest. The second victim suffered from a gunshot wound to the right shin. 

During the hearing, Jennings’ attorney, Eliza Buergenthal, informed the court of Jennings’ intent to plead not guilty to all charges and asserted his right to a speedy trial.

Due to scheduling conflicts among prosecutors, defense attorneys, and the court calendar, parties scheduled the jury trial for April 5, 2027. Judge Park expressed hope to advance the trial date if there are opportunities. 

Parties are scheduled to reconvene on Sept. 25.

Murder Defendant Pleads Not Guilty to Indictment Charges

A murder defendant pleaded not guilty during his arraignment before DC Superior Court Judge Michael Ryan on Aug. 14.

Darvin Banks, 43, is charged with first-degree murder while armed, five counts of assault with intent to kill while armed, six counts of possession of a firearm during a crime of violence, unlawful possession of a firearm and carrying a pistol without a license outside of a home or business for his alleged involvement in the fatal shooting of William Spriggs, 35. The incident took place on May 22, 2024 on the 4800 block of Alabama Avenue, SE. Spriggs was pronounced dead at the scene.

According to court documents, Banks was indicted on these charges on Aug. 6. He pleaded not guilty to all of the counts.

The prosecution said they are expecting to receive DNA test results in November and asked for a hearing in April of next year to discuss whether or not Banks wishes to do independent testing.

The trial is set to begin in October 2026.

Parties are slated to reconvene on April 3, 2026.

Man Who Stabbed Girlfriend Sentenced to 84 Months

DC Superior Court Judge Jason Park sentenced a man who stabbed his girlfriend in the neck and violated his no contact court order to 84 months on Aug. 13.

Anthony Mason, 57, pleaded guilty on May 15 to assault with a dangerous weapon for his involvement in a domestic violence stabbing on Jan. 26 on the 1100 block of Columbia Road, NW. Mason’s girlfriend at the time sustained injuries during the incident.

During the hearing, Mason pleaded guilty to an additional charge of contempt for violating conditions of his release. Mason wrote a letter to the victim in June despite stay-away and no contact orders filed in January and April.

The prosecution requested Mason be sentenced to the top of the guidelines, which recommended 36-to-78 months of incarceration, based on the violent nature of the crime and his extensive history of violence.

“This is far from an isolated incident,” the prosecutor said.

According to court records, Mason has several cases dating back to 2008, one of which he was convicted for aggravated assault and sentenced to 100 months. That case was also a domestic violence incident.

Prosecutors noted the injuries the victim sustained, saying that one laceration on her neck was severe enough that she had to be sent to a trauma center. According to the prosecutor, the victim still experiences chronic pain from nerve damage sustained during the incident.

The prosecution also asked for a sentence of 180 days for the contempt charge to run concurrently with the assault with a dangerous weapon sentence. They said the victim was scared when she received the letter, worried that Mason was still tracking her.

The defense asked for a sentence of 37 months – notably unusual, defense attorney Darryl Daniels said. He explained, asking that Park impose a sentence of 36 months for the assault charge and a consecutive 30 days for contempt. 

Daniels said that in the letter Mason sent the victim, he apologized and said he loves her. He also argued that the victim had a firearm at the time of the incident, which was a reason for Mason’s actions, but not an excuse. Mason repeatedly affirmed to the court that he did not wish to claim self-defense.

“This is markedly different from his prior cases,” Daniels said.

Mason gave a statement to the court, saying that on the day of the incident, he and the victim had been drinking alcohol and taking drugs. He also said he was not on his medication, which helps him calm down. Mason asked to be sent to mental health and substance abuse treatment facilities for part of his sentence.

Judge Park said that considering the severity of the incident and his prior cases, he imposed a sentence at the top of the guidelines for assault with a dangerous weapon, which is 78 months. For the contempt charge, Judge Park also imposed a 180-day sentence to be served consecutively. Mason was also sentenced to three years of supervised release, during which he will be required to comply with drug testing and mental health treatment.

No further dates were set.

Parties in Non-Fatal Shooting Still Bickering over Trial Evidence

A Metropolitan Police department (MPD) Detective continued to testify on Aug. 12 before DC Superior Court Judge Neal Kravitz after questions were raised about whether GPS evidence gathered against two shooting co-defendants was obtained legally.

Daquawn Lubin, 30, and Jonathan Young, 35, are charged with conspiracy while armed, two counts of assault with intent to kill while armed, assault with significant bodily injury while armed, aggravated assault knowingly while armed, four counts of possession of a firearm during a crime of violence while armed, carrying a pistol without a license outside a home or business, and unlawful possession of a firearm with a prior crime of violence.

Lubin is additionally charged with possession of a prohibited weapon. These counts stem from their alleged involvement in a non-fatal shooting that injured two individuals on the 4600 block of Benning Road, SE, on July 24, 2023.

Judge Kravitz granted Lubin and Young’s motion for severance on Aug. 7 and Young was not present during the hearing.

Initially, the question was whether the GPS information could be taken without a timely warrant. While the judge said that wasn’t legal, the prosecution said they would seek a warrant that would remedy the problem. The judge said he would take the matter under submission.

Lubin’s attorney, Kevin O’Sullivan, questioned a Metropolitan Police Department (MPD) about why the search warrant for Lubin’s cellphone was issued over a month after the phone was originally seized during his arrest. The detective responded that a different detective took care of the search warrant due to his being on vacation.

O’Sullivan also questioned the detective regarding his previous testimony when he said Lubin’s car traveled to Maryland after the shooting and stayed there the rest of the night. O’Sullivan said that’s inaccurate and GPS data showed the car did not stay in Maryland the entire night.

The detective defended his statement and said that the GPS data he received showed the car in Maryland all night until the early hours of the next morning. The detective noted he received the GPS data from the Pohanka Hyundai dealership, where Lubin rented the car that prosecutors allege he used during the incident.

O’Sullivan used Logitrac’s GPS data, a software company in Texas, while the detective’s GPS data was from the Hyundai dealer. The detective said he was not aware of inconsistencies between the two sets of data.

O’Sullivan also questioned the detective about holding Lubin in the interrogation room. He displayed video evidence of Lubin and the detective in the room and noted that the detective left the room for ten minutes and when he returned he arrested Lubin. O’Sullivan argued that the detective was reviewing the evidence to find probable cause to arrest Lubin.

The detective asserted that he already had probable cause and could not recall what he was doing during the ten minutes prior to Lubin’s arrest.

Additionally, the prosecution showed the court video footage from several locations that they allege confirms the suspects descriptions and involvement in the shooting.

The detective noted specific details of the suspect that prosecutors claim is Lubin that are consistent in different videos, including that he wore a blue shirt and matching hat, gray New Balance sneakers, a brown belt, and white markings above his knees that indicate tears in the jeans. The detective also reviewed video footage that showed an individual wearing the same clothes in the front passenger seat of a red Hyundai involved in the incident, tying it to Lubin.

Lubin was said to be renting the red Hyundai at the time of the incident, per the rental agreement provided by Hyundai and prosecution argued video footage from several locations indicate he was the driver of the vehicle. The vehicle is allegedly seen at the location of the shooting before the incident occurred.

O’Sullivan also called an investigative intern from the Public Defender Service (PDS) who worked on plotting the GPS data from the car to the stand. The intern confirmed that based on the data plotted from 11:36 p. m. to 2:30 a. m., Lubin departed Maryland to go to DC and remained around the area until 2:30 a.m. The PDS intern debunked as inaccurate the claim that the Huyndai stayed in Maryland all night.

The prosecution questioned the PDS intern about specific data points, including that the car moved in the direction of the incident address that night around the time of the shooting.

The parties are slated to reconvene on Aug. 25 to continue discussing motions. 

Women Charged in Metro Bus Stabbing Counter Prosecution’s Plea Offer

Two stabbing co-defendants are negotiating a potential plea offer before DC Superior Court Judge Neal Kravitz on Aug. 15. 

Donea Williams, 31, and Ashley Brown, 27, are charged with assault with intent to kill while armed for their alleged involvement in a non-fatal stabbing on Dec. 8 2024 at the intersection of Minnesota Avenue and 28th Street, SE while aboard a Metro bus. One person was stabbed several times in the head and back resulting in serious injuries. 

The prosecution offered a deal where Williams and Brown would both have to plead guilty to assault with a dangerous weapon in exchange for not being indicted on greater charges. The sentencing range for the charge would be 40-to-60 months. 

Defense attorneys Peter Cooper and Russell Hairston countered the offer, asking for the prosecution to agree to a sentencing range beginning at 18 months. The prosecution said they will consider the counter offer, but need to discuss it further with their supervisor. 

Parties are set to reconvene on Aug. 22.

Trial For 4-Year-Old Murder Pushed to May 2026

Parties in a four-year-old murder case resolved to postpone the trial to May 2026 after disagreements between the defense and prosecution before DC Superior Court Judge Jason Park on Aug. 13.

Joshua Allen, 35, is charged with first-degree murder premeditated while armed, aggravated assault knowingly while armed, assault with intent to kill while armed, three counts of possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior crime of violence, and carrying a pistol without a license outside a home or business. The charges stem from his alleged involvement in the fatal shooting of Delonte Johnson, 28, and non-life-threatening injuries to another person on June 11, 2021 on the 4600 block of Hillside Road, SE. 

Defense attorney Sara Kopecki informed Judge Park that she intended to file a motion to dismiss the indictment and was not ready to proceed to trial after the prosecution sent her the draft of a video exhibit. Kopecki said the video, which was a compilation of surveillance footage, had the wrong times stamps of the shooting. 

Kopecki said the video “egregiously misrepresents” the events, reiterating her request to delay the trial. 

She said the error prompted the defense team to review evidence for discovery again and they would not be ready for jury selection, which was scheduled for Aug. 14.

Allen’s trial was originally scheduled to begin in May 2024, according to court records, but has been continued several times since then due to readiness issues and delayed DNA testing reports. 

The prosecution argued that the video at the center of Kopecki’s motion was a draft and labeled as such when it was sent to the defense. They said that the error would be corrected before being admitted into evidence. 

Judge Park said he did not understand how this issue would affect the defense’s readiness and found no good cause to further postpone the trial, but was sympathetic toward Allen’s request to review evidence again in light of the timing error.

Due to scheduling conflicts of all parties, the trial was pushed to begin in May 2026.

Parties are set to reconvene on Oct. 8.

Document: Police Arrest Suspect in Non-fatal Shooting in Northeast DC

The Metropolitan Police Department (MPD) announced the arrest of 24-year-old Nebiy Boreshe, of Silver Spring, MD, in connection with an assault that occurred on May 12 on the 1900 block of Bennett Place, NE.

Boreshe allegedly discharged a firearm at victims following a dispute, though no injuries were reported. He was apprehended on Aug. 12 and charged with assault with a dangerous weapon (Gun).

Document: Police Arrest Suspect for Non-fatal Shooting in Southeast DC

The Metropolitan Police Department (MPD) announced the arrest of 29-year-old Martez Robinson, who was allegedly involved in a shooting incident on Jun. 6 on the 3400 block of 15th Street, SE.

Robinson is charged with assault with a dangerous weapon (Gun) after allegedly brandishing a handgun at a victim inside a residence and firing towards an unknown group before fleeing the scene.

Document: Police Investigate Fatal Shooting in Northeast DC

The Metropolitan Police Department (MPD) announced they are investigating a homicide that occurred on Aug. 13 on the 3300 block of 15th Street, NE.

The victim, identified as 36-year-old Mignon Massey from Northeast, DC, was found with gunshot wounds and later pronounced dead at a hospital. The case remains under investigation.

Judge Finds Probable Cause, Won’t Release Homicide Defendant

DC Superior Court Judge Todd Edelman found probable cause and denied the release of a homicide defendant during a preliminary hearing on Aug. 14. 

Charles Mitchell, 46, is charged with second-degree murder while armed for his alleged involvement in the fatal shooting of 55-year-old Clay Hargrave that occurred on July 26 at Georgina’s Players Lounge, a restaurant and cocktail lounge, on the 2700 block of Martin Luther King Jr Avenue, SE. The incident also left one surviving victim with non-life-threatening injuries. 

During a preliminary hearing of the evidence, the prosecution called the lead Metropolitan Police Department (MPD) detective who described surveillance video of Mitchell’s entrance the lounge as “aggressive” and said the suspect allegedly started arguing with multiple people. The detective said that another witness heard Mitchell threaten to kill someone. Later in the video, the detective noted that the individual identified as Mitchell left the lounge and Hargrave is seen exiting behind him. 

According to the detective, people witnessed a fight between Mitchell and Hargrave which led to Mitchell’s allegedly shooting Hargrave. While the video did not capture the shooting, at the end of the sequence, Hargrave was on the ground and Mitchell walked away. 

The detective also said that the clothing in found in Mitchell’s car allegedly matched what the suspect was wearing during the incident.

Defense attorney Terrence Austin claimed Mitchell acted in self-defense. Austin noted that in the video, Mitchell left the establishment and was unaware that Hargrave followed behind him. 

Finding probable cause, Judge Edelman noted the video footage in which Mitchell is apparently armed and threatening to shoot people. 

Austin subsequently requested Mitchell’s release not his a father present for his family with a full time job.

Hargrave’s family was in court asked Judge Edelman not to release Mitchell under any circumstances. Hargrave’s daughter said Mitchell’s “lack of empathy is a danger to the community.”

Judge Edelman denied Mitchell’s release because Mitchell “walked in armed and shot an unarmed man.” 

Parties are slated to reconvene on Nov. 7. 

Judge Has ‘No Joy’ in Detaining Teen Carjacking Co-Defendants 

DC Superior Court Judge Judith Pipe found probable cause to move ahead with the prosecution and denied release for two teen carjacking co-defendants on Aug. 8.

Dekhyri Greene, 17, and Denhym Boykins, 16, are charged with armed carjacking, robbery while armed, possession of a firearm during a crime of violence, and unauthorized use of a vehicle for their alleged involvement in an incident that occurred on Aug. 7 on the 1000 block of Mississippi Avenue, SE. Greene and Boykins are being charged under Title 16, which allows juveniles to be charged as adults for certain serious offenses.

During Greene and Boykins’ preliminary hearing, the prosecution called a Metropolitan Police Department (MPD) detective to the stand who recounted the incident. The detective said that according to the victim, three individuals approached the driver side of her vehicle, two holding firearms.

The victim told the detective she put her hands up and ran, leaving her two cellphones, keys, and personal belongings in the car. The victim was able to track down an MPD officer who responded to the scene. 

An MPD helicopter tracked the stolen car using thermal technology 58 minutes after the incident occurred. Officers conducted a traffic stop before the vehicle crashed and MPD identified a person said to be Boykins inside the vehicle. Most of the victim’s belongings were missing from her car when police found it, including garbage bags full of clothing, a birth certificate, and a brown purse.

The detective interviewed the victim, who provided descriptions of the suspects. The victim described one as a black male and did not mention his clothing, skin tone or age. The detective said MPD later identified the suspect she described as a person said to be Boykins. 

The victim said the second suspect was a black male who wore a black hoodie and a black ski mask and held a black handgun. MPD allegedly identified the suspect as Greene, and was located by a canine unit in an alley near the location of the crashed car. 

The detective testified that he was present when the carjacking victim identified Greene and Boykins. The helicopter lost track of the third suspect, and the MPD detective confirmed that the first suspect, who according to the victim, never got off his Lime scooter. 

Boykins’ defense attorney, Carrie Weletz, argued that no one knows what happened during the 58 minutes after the incident occurred when MPD couldn’t track the vehicle. Weletz asserted that people could have entered or exited the vehicle.

Weletz further argued that the victim provided limited details to identify Boykins because identifying a suspect as a black male is very broad. Weletz added that the detective described Boykins as wearing a COVID mask and Nike hat with a “big swoosh” during his interview at the police station, and the victim didn’t include these details.

Weletz also said there is no evidence Boykins had a weapon on him, despite one being recovered from the vehicle. 

Greene’s attorney, Varsha Govindaraju, added that none of the items stolen from the victim’s vehicle were recovered and Govindaraji agreed with Weletz that the 58 minutes that lapsed when police could not find the vehicle could have included different suspects.

Govindaraju further argued that Greene had no gun and was found blocks away from where the car crashed. She said the victim’s general description did not include anything distinctive about Greene, and the victim’s two-to-three minute pause before identifying Greene makes it a “highly suggestive ID.”

Judge Pipe found probable cause, however, explaining that the suspects were located in and near the stolen vehicle and the victim identified both Green and Boykins twice. The judge noted that the stolen items from the vehicle not being recovered doesn’t negate probable cause.

Following the probable cause finding, the prosecution argued to hold Greene and Boykins, saying that the incident details are “terrifying.” The prosecution added that the juvenile curfew in DC is 11 p. m., and the defendants were in allegedly out after 1 a. m.. 

Weletz argued for Boykins’ because of questionable identification. She said there are conditions of release that can ensure the safety of the community, like GPS monitoring and home confinement except for school. 

Weletz further argued that Boykins has no criminal history, is going into his junior year of high school, and is on the junior varsity football team. She said he received an individualized education program in school and will get a better education in the community than in jail.

Judge Pipe ruled to detain Boykins because the crime is of “exceptional concern.” She reiterated that there are two positive identifications with some specificity and the car was found within the hour it was stolen. 

Govindaraju also argued to release Greene with GPS monitoring because he starts his senior year soon and is quarterback of his football team. She said being out past the curfew was “abnormal”and out of character for Greene.

“It brings me no joy to see someone who clearly has so much promise to be sitting in the seat he is right now and with the charges he has right now,” Judge Pipe said about Greene.

Judge Pipe cited the same reasons for Boykins’ continued detention, and said although the weight of the evidence may not lead to a conviction, there is some specificity. 

Parties are slated to reconvene Aug. 18. 

Prosecutors Get More Time to Show Murder Defendant is Competent to Stand Trial

DC Superior Court Judge Rainey Brandt denied a defense attorney’s request to rule a homicide defendant incompetent to stand trial and granted prosecutors more time to evaluate the defendant’s competency during a hearing on Aug. 11. 

Jafekka Harris, 33, is charged with second-degree murder for her alleged involvement in the fatal beating of 79-year-old Bettie Duke on the 3100 block of Martin Luther King Jr. Avenue, SE on Oct. 5, 2024. 

According to court records, the Department of Behavioral Health (DBH) found Harris incompetent three times this year, but said each time that she was likely to attain competence in the foreseeable future. After each competency finding, a judge ordered inpatient competency restoration treatment for Harris at Saint Elizabeths Hospital for psychiatric patients. 

During the hearing, Judge Brandt denied a request by Harris’ attorney Kevin Mosley to deem Harris incompetent to stand trial at this time.

The prosecution requested their own expert evaluate Harris’ competency and asked for 60 days to allow DBH to submit additional information about the defendant. 

Judge Brandt granted prosecutors a 30 day extension to probe Harris’ competency but said she will rule on the matter at the next hearing regardless of whether DBH provides more information or not. 

Judge Brandt also made it clear to parties where she was leading toward incompetence based on medical information already submitted. Harris can’t stand trial unless she can understand the charges against her and help her attorney.

Parties are slated to reconvene on Sept. 11 for another mental observation hearing.  

Judge Orders Mental Competency Exam For Silent Shooting Defendant 

DC Superior Court Judge Eric Glover granted a defense request to evaluate a shooting defendant’s mental competency after he refused to speak during a hearing on Aug. 12. 

Roasu Johnson, 35, is charged with endangerment with a firearm in a public place, unlawful possession of a firearm with a prior conviction greater than a year, and carrying a pistol without a license outside a home or business. The charges stem from his alleged involvement in a shooting that took place on the 900 block of Kennedy Street, NW on Aug. 6. No injuries were reported.

According to court documents Johnson allegedly fired multiple shots in the air and when a Metropolitan Police Department (MPD) officer approached Johnson, he ran into the “Groceries & Tobacco” store. The officer reportedly then heard a loud bang that sounded like a gunshot and asked Johnson multiple times to exit the store before he eventually came out.

During the scheduled preliminary hearing, Johnson chose to not speak, but his defense attorney, Alvin Thomas, requested a mental competency exam. The prosecution raised no objections. 

Judge Glover granted the mental competency exam and delayed the preliminary hearing until Johnson’s competency is determined.  Johnson can’t stand trial unless he has at least enough mental ability to understand the charges against him and work with his lawyer.

Parties are slated for a mental observation hearing on Aug. 20. 

Shattered Family Grieves, Cries For Justice at Murderer’s Sentencing

In a courtroom awash with emotion, DC Superior Court Judge Michael Ryan sentenced a murder defendant for killing his girlfriend to 24 years in prison on Aug. 8.

Mario Banegas Deras, 43, pleaded guilty on April 15 to second-degree murder while armed for his involvement in the brutal killing of 35-year-old Maria Magdalena Ayala Guardado, on Dec. 15, 2024 on the 700 block of Girard Street, NW. 

When officers arrived, they found both individuals and the scene covered in hair and blood as well as a brick covered in blood and a knife in the woman’s neck. The medical examiner concluded there were multiple causes to the homicide, including strangulation.

At the sentencing, family and community members of Ayala Guardado flooded the courtroom, all wearing T-shirts with “JUSTICIA” written beneath her photo. Although t-shirts are not typically allowed during sentencing hearings, the family obtained special permission from Judge Ryan.

Banegas Deras and Ayala Guardado met in Honduras and moved to the United States together in 2015, according to their son, who spoke during the sentencing. While they were never formally married, the couple had three children and lived together until a week before the murder.

Prosecutors requested Judge Ryan sentence Banegas Deras to 24 years of incarceration. They said Ayala Guardado kicked Banegas Deras out of the apartment they shared following a violent incident. About a week later, he returned to the apartment the morning of the murder, waited for her to come out, then brutally murdered her. Banegas Deras called 911 on himself, according to court documents.

Their daughter, 13 at the time of the murder, told Judge Ryan that Banegas Deras had always been abusive to her mother. She spoke through tears, her 18-year-old brother by her side.

“We have to grow up without her watching us get older,” their daughter said. “If the decision were in my hands, I would give him life.”

The daughter and her brother both told the court that they would try to call the police on Banegas Deras when he became physically violent toward Ayala Guardado, but he would threaten suicide or say that immigration would take Ayala Guardado away if they called.

“I got tired of seeing her being abused,” said the son describing his mother as a “bright light.”

One of Ayala Guardado’s older sisters gave a statement to the court through an interpreter. She remembered her sister fondly, calling Ayala Guardado the “life force of her home.” 

“My sister can’t speak today, but I can – and my voice is clamoring for justice,” Ayala Guardado’s sister said emphatically.

A woman involved in Angeles Guerreros, an organization that helps victims of domestic violence and their families, has worked with the Ayala Guardado family – both in the United States and Honduras – since the murder. She became emotional describing the profound impact Ayala Guardado’s story has had on her.

“I saw Magdalena and my life has changed since that day,” she said. “All I ask is for justice, said the organization’s representative.

Ayala Guardado’s mother and oldest sister were also present on Webex and gave statements. They both asked for the maximum penalty.

“This murderer doesn’t deserve to ever be free again,” Ayala Guardado’s sister said.

Defense attorney, Terrence Austin, began his argument with a powerpoint slide simply saying, “Mario Banegas is not a monster.” Gasps were heard from the gallery.

Austin asked Judge Ryan to look at Banegas Deras as a complete person and sentence him at the bottom of the guidelines, which recommended 12-to-24 years of incarceration.

“Nobody should be reduced to the worst thing they’ve done,” Austin said.

Austin recounted the difficult life Banegas Deras has endured. He lost his father at a young age to alcoholism, grew up in extreme poverty in Honduras, was not able to continue his education past sixth grade, and worked in factories and fields since he was very young. Austin also said that those who know Banegas Deras describe him as good, hard-working, and kind.

Austin noted that Banegas Deras has been working on himself, taking courses on stress management in prison, and getting baptized. He also argued that he has shown great remorse for his actions, pleading guilty as soon as he could and crying at every meeting.

“He hasn’t cried for himself, he has cried for the pain he has caused,” Austin said.

Banegas Deras himself addressed the court. “I am guilty and I do deserve the full force of the law,” he said. “I know my remorse is not even enough.”

Judge Ryan explained that he almost always abides by the sentencing guidelines to ensure fairness. However, he also said that the heinousness of the murder and the tremendous impact of Ayala Guardado’s murder led him to impose a sentence at the top of the guidelines. 

Banegas Deras was sentenced to 24 years in prison with five years of supervised release, during which he will be required to attend mental health treatment.

No further dates were set.