The guidelines were a product of the Revitalization Act of 1997, which allowed the transfer of prison expenses from the state to the federal government. Considering DC felons are sent to federal prisons, a more determinate system was required for sentencing. The transition led to the creation of the sentencing guidelines. The guidelines came into effect in 2004 as a pilot project.
For example, according to the Washington Post, former NBA basketball player, Gilbert Arenas, was sentenced in 2010 for carrying a pistol without a license. Arenas had a criminal history score of 1/4 point, so his sentencing range fell between 6-24 months. If Arenas had a criminal history score greater than 1/2 point, he could have faced between 10-36 months in prison.
If a defendant has a prior misdemeanor “conviction or adjudication” within the last 10 years then it counts toward their criminal history score. However, if the end of the prior misdemeanor sentence (including the period of incarceration, probation, parole or supervised release) is not within the last ten years then it doesn’t affect their criminal history score. On the other hand, if the prior conviction is a felony then it will always affect the defendant’s criminal history score, even if it was before the 10-year mark.
According to the commission, the guidelines have a 97 percent compliance rate. However, even with such a high rate, there are certain circumstances in which judges can depart from the guidelines. One instance of noncompliance is the 11(c)(1)(c) rule. This rule allows judges to be bound to a plea agreement offered by both parties even if the agreement falls below the sentencing range.
Figure 1: The following chart depicts the sentencing guidelines.
In July the commission changed unlawful possession of a firearm with a prior conviction from Master Group 7 to Master Group 8 (see Figure 1). The change, which only affects cases from July on, permitted a lower criminal history score in relation to the charge and thus a lower sentencing range for the defendant (10-28 months, see Figure 2). According to the commission, the change was made so defendants wouldn’t be penalized twice for the same crime.
Along with the commission, judges also take the guidelines into consideration. The guidelines, which are mandated, can according to each case be rejected. One example of a rejection of the guidelines s with the sentencing of co-defendants Tyrone Height and James Young. Height and Young were convicted of second-degree murder for shooting 38-year-old Willard Carlos Shelton in 2014. One of their charges was unlawful possession of a firearm with a prior conviction.
Figure 2. Prior adjudications and convictions chart adapted from Voluntary Sentencing Guidelines Manual
During Height’s sentencing in September, his defense attorney, Justin Okezie, said that Height should not be penalized further for being part of a community with a history of violence. He urged the judge to adjust Height’s criminal history score based on the guideline change. Okezie said an incident Height was involved in one month earlier should not “magically” have meaning to it.
While Judge Milton Lee agreed the added enhancement “with a prior conviction” could be viewed as “double-counting” the defendant’s previous convictions, he ultimately decided not to implement the guideline change to determine Height’s sentence. Prior to sentencing the defendant, Judge Lee noted that Height has a significant criminal history. Height was sentenced to 45 years in prison.
Like Height’s case, murder defendants can be sentenced to decade or more in prison because of the impact of their criminal history, even if they have lesser charges. For example, a defendant with a criminal history of six or more is placed under category E in the sentencing guideline (Figure 1). If this defendant was charged with second-degree murder, for instance, he/she could still receive 192 months or more in prison because of the added weight their prior convictions carry (Figure 1).
In addition to the guideline shift regarding unlawful possession of a firearm with a prior conviction, the commission continues to explore the relationship between the criminal history score and other factors involved in sentencing.
The Metropolitan Police Department is currently investigating a fatal stabbing that occurred during the afternoon on Jan. 8.
According to a press release, police found Abdul Watts suffering from stab wounds on the 5600 block of Dix Street, NE. Watts, 46, was transported to a local hospital where he was pronounced dead.
According to D.C. Witness data, Watts homicide is the eighth homicide in the District in 2019.
Up to a $25,000 reward is being offered for information leading to an arrest and conviction in Watts’ homicide or any other homicide in DC. Anyone with information is asked to call the police at 202-727-9099. Anonymous information may be submitted to the department’s TEXT TIP LINE — 50411.
Officers from the Metropolitan Police Department released the identification of a man who was murdered on Jan. 6.
According to a press release, police found Donald Rafus Benson suffering from gunshot wounds on the Unit Block of O Street, NW. The location of the homicide is about three blocks from the Noma-Galludet University, New York Avenue metro station. Benson, 21, was pronounced dead at a local hospital.
Up to a $25,000 reward is being offered for information that leads to an arrest and conviction in this case or any other homicide case in DC. Anyone with information is asked to call the police at 202-727-9099. Anonymous information may be submitted to the department’s TEXT TIP LINE — 50411.
A D.C. Superior Court judge found probable cause Jan. 7 that a 16-year-old murder defendant was involved in a December homicide.
Malik Holston is charged with first-degree murder while armed for his alleged role in the death of 15-year-old Gerald Watson in an apartment building on the 2900 block of Knox Place, SE in December. Holston is being charged as an adult.
During the preliminary hearing, a detective testified about two key witnesses in the case. A witness, who was standing outside the apartment building, said Watson being chased into the building by Holston and an unidentified male. The witness said both men were wearing ski masks, according to the detective. The witness also recognized Holston because the defendant was allegedly involved in a string of shootings over the past six months, the detective said.
It’s unclear if the unidentified male was arrested in connection to Watson’s death.
Another witness saw Holston prior to the shooting on Hartford Street wearing a rolled up black ski mask. According to the detective, the witness later heard two gunshots. The detective said the witness, who was smoking crack cocaine at the time, saw Holston with a gun.
Judge Milton Lee found probable cause based on the detective’s testimony as well as surveillance footage that corroborated the witnesses’ accounts. Judge Lee also ordered Holston held without bond, noting the defendant was involved in multiple instances of gun violence over the course of six months.
Holston is scheduled for a felony status conference on April 26.
The Metropolitan Police Department arrested a 26-year-old man in connection to a stabbing in Northwest DC on Jan. 6.
According to a press release, Collin J Potter is charged with first-degree murder while armed for his alleged role in the death of 36-year-old Vongell Lugo on the 2800 block of Wisconsin Avenue, NW.
Lugo is scheduled for a preliminary hearing on Jan. 18.
During a status hearing, defense counsel in a July homicide case withdrew a motion for a second preliminary hearing after the prosecution turned over camera footage.
Mark Price is charged with first-degree murder while armed for allegedly shooting 47-year-old Andre Hakim Young on the 1500 block of 19th Street, SE in July of 2018.
During Price’s initial preliminary hearing in October 2018, Superior Court Judge Ronna Beck found substantial probability and ordered Price held without bond.
On Jan. 4, Price’s defense attorney, Pierce Suen, said he received a total of nearly seven minutes of footage. As a result, Suen withdrew his motion for a preliminary hearing.
Price, 24, is scheduled for a felony status conference May 3, when the prosecutor said he expects a grand jury indictment.
According to court documents, Price’s girlfriend received an eviction notice and called Price for assistance. Witnesses said Price was hostile and threatened multiple people. Apparently, Price flashed his firearm and said, “If I can’t live here nobody can. I am the reason the DC death rate is so high.”
After reporting Price’s behavior to the police, Young and two other individuals requested to be escorted back to their apartment. However, their request was denied.
Subsequently, Young, a victim who survived the shooting and a witness drove back to the apartment and that’s when Price and another male, who was not identified, allegedly approached the three individuals. Documents say Price and the other male reportedly opened fire while the victims were crossing the street.
It’s unclear if the unidentified male was arrested.
The Metropolitan Police Department is currently investigating the deaths of a man and a woman on the 3300 Block of Ely Place, SE.
According to a press release, officers found 60-year-old Joseph Burgess and 50-year-old Regina Bowman inside a house on Jan. 5. The victims died at the scene.
Although the deaths were declared homicides on Jan. 6, police did not release information on the cause of death.
According to NBC, both victim’s were found on the first floor of the residence.
A reward of up to $25,000 is being offered for information that leads to an arrest and conviction in this case or any other homicide in DC. Anonymous information may be submitted to the department’s TEXT TIP LINE — 50411.
The Metropolitan Police Department is investigating the shooting death of a man in Northwest DC.
According to a press release, officers found 25-year-old Damon Dukes suffering from a gunshot wound on the 200 block of V Street, NW on Jan. 6. He was transported to a local hospital where he died on Jan. 7.
Up to a $25,000 reward is being offered for information that leads to an arrest and conviction in this case or any other homicide in DC. Anyone with information about this case should call the police at 202-727-9099. Anonymous information may be submitted to the department’s TEXT TIP LINE — 50411.
On Jan. 4, a District of Columbia Superior Court judge sentenced a murder defendant to 65 years in prison for fatally shooting two individuals within one year of each other. According to the prosecution, the defendant has a history of violence dating back to preschool.
In March 2018, a jury convicted Maurice Bellamy of two counts of first-degree murder while armed, robbery, and possession of a firearm during a crime of violence. Bellamy, 20, is responsible for the deaths of 30-year-old Arthur Baldwin on the 4700 block of 1st Street, SW in 2015 and 15-year-old Davonte Washington at the Deanwood Metro Station in 2016.
Judge Juliet McKenna sentenced Bellamy to 30 years in prison for Baldwin’s death and 35 years for Washington’s death. “I think that’s warranted given the nature of the crimes,” Judge McKenna said.
During the hearing, Baldwin’s father read a story about God seeking justice for a grieving family who lost their son. The father spoke about his son’s accomplishments noting that Baldwin graduated from Howard University and became a secret service agent.
“Your life will go on and you’ll live out your years,” Baldwin’s father said addressing the defendant. “My boy won’t.”
While holding her infant son, Washington’s mother addressed the court saying Washington never got the opportunity to meet his younger brother. She said her son was respectful and didn’t deserve to have his life cut short.
“He will never see past 15 and that’s not fair,” Washington’s mother said. “I’m here for justice.”
According to the prosecution, regardless of the verdict, Bellamy still refuses to take responsibility for his actions. Apparently, Bellamy said he wasn’t there when Baldwin was killed and that someone is “pinning” the murder on him. Bellamy also said Washington’s death was an accident, that he was high and thought Washington was someone else when he fired the gun.
The prosecution said Bellamy, who was 17 years old at the time of the murder, was violent his whole life. Apparently, the defendant has been involved in several physical confrontations since preschool. The prosecution noted that since he’s been incarcerated, Bellamy has four new pending cases stemming from assaulting inmates and jail personnel.
“He’s dangerous and he needs to be locked up for the rest of his life,” the prosecutor said adding that she doubts Bellamy can be rehabilitated. According to the prosecution, Bellamy’s mother has tried to get him help through counseling and intervention.
The defense refuted the prosecution’s notion that Bellamy could not be rehabilitated. Bellamy’s defense attorney, Steven Kiersh, told the judge that the defendant was not “irredeemable by any means” and that “he can be a functional, productive and hopefully a law-abiding citizen.”
Even though a prosecutor in a 2017 murder case told a judge that he expected a grand jury indictment by Jan. 4, a new “development” has delayed it.
Cedric Alexander is charged with first-degree murder while armed for his alleged role in the shooting death of 38-year-old Daquan Hooks on the 1900 block of 13th Street, SE in 2017.
The prosecution didn’t reveal the new “development,” however, he said he expects to receive an indictment before April 19, the indictment deadline.
Subsequently, the defense requested Alexander, who was 47 years old at the time of the murder, be released pending an indictment. D.C. Superior Court Judge Ronna Beck denied the request because there was no new evidence that supported a release.
According to court documents, surveillance footage, shows a black male getting out of Hook’s truck on the driver’s side and head in the direction of another car that contained three occupants. Apparently, the figure in the footage matches the same body shape and size as Alexander.
Alexander is scheduled for a felony status conference on April 19.
My time as a D.C. Witness intern has been extremely rewarding and educational. It is my goal to eventually become a prosecutor, and I think my time at D.C. Witness has furthered this goal.
By watching numerous court cases, I learned a lot about the legal system.
For one, I have been able to learn about the different types of proceedings that occur. Also, this internship has improved my critical thinking skills. After watching so many lawyers argue their cases, I have become better equipped at forming arguments. Overall, this internship has better prepared me for law school and for a future profession as a prosecutor.
Through this internship, I feel as though I have contributed to society. My articles help keep the public informed about the murders that have occurred in DC. I am able to keep the public up to date on what is happening in specific trials. Furthermore, my involvement in the fall Gun Retrieval Project has helped inform the public of murder trends and gun retrieval trends.
I am extremely grateful to have had the opportunity to work at D.C. Witness and I will use the skills and knowledge I have gained from this experience for the rest of my life.
Emily Mariano interned at D.C. Witness during the Fall of 2018.
Minutes before a man was scheduled to be sentenced for causing the death of a passenger in his car, a District of Columbia Superior Court judge granted a continuance.
In October, Lorenzo Davis pleaded guilty to negligent homicide in connection to the death of 28-year-old Jacqueline Barnes on the 4100 block of Alabama Avenue, SE in 2015.
Davis is now scheduled to be sentenced on Jan. 22.
On Jan. 3, D.C. Superior Court Judge Danya Dayson granted the continuance saying, the defense needs time to seek clarification about information contained in Davis’ presentencing report.
According to a proffer of facts, on the night of the murder, it was raining when Davis, 50, sped down Alabama Avenue, lost control of the car, mounted a curb and crashed into a tree. Apparently, Barnes was thrown from the vehicle during the crash. Davis fled the scene. According to the prosecution, there was no evidence that Davis attempted to stop the car or avoid colliding with the tree.
Davis will continue to be held without bond pending sentencing.
During a status hearing, a District of Columbia Superior Court judge deemed a murder defendant competent to stand trial.
Malik Hewitt, along with his codefendant Nyekemia Everett, are charged with first-degree murder while armed, among other charges, for their alleged involvement in the shooting death of 37-year-old Christopher Heard on the 2300 block of Ainger Place, SE in 2017. According to court documents, Everett, 33, and Hewitt, 38, allegedly planned to rob Heard but shot him during the process.
On Jan. 3, the defense said they were not challenging a report that said Hewitt, 38, was competent. D.C. Witness previously reported that Judge Danya Dayson received a medical report that stated Hewitt is competent, understands his charges and is merely “malingering for secondary gain.” However, defense counsel requested an independent mental evaluation.
The prosecution also charged Hewitt with obstruction of justice during the hearing.
Hewitt and Everett also chose to waive their right to test evidence in the case. According to the prosecution, the government tested a revolver, water bottle, skull cap and a pair of pants and a jack, which apparently belonged to Everett.
Both men, who are being held without bond, are scheduled for a motions hearing on Feb. 8. The codefendants are slated to go to trial on March 4.
A District of Columbia Superior Court judge sentenced Jan. 2 a murder defendant to 19.5 years in prison per the terms of a plea agreement. But, the victim’s family said the plea was a “cop out.”
Welch’s family and friends expressed discontent for the plea agreement, saying they didn’t think the government should’ve extended an offer. Welch’s sister said the plea agreement was a “cop out” and a “walk in the park.”
“My brother has five kids,” the sister said. “He’ll never be able to teach them how to be men.”
Welch’s brother addressed the court saying he served a prison sentence for murder and knows that 19.5 years is not enough time. “That blood is stained on your hands forever,” he said.
“As you sit in that cage,” the brother continued. “You’ll realize you wish you could take it back.”
Brown’s co-defendant and former girlfriend Amanda Turner pleaded guilty to obstruction of justice and threat to kidnap or injure a person. Turner, 41, is slated to be sentenced on March 8.
According to court documents, a witness told police they saw Brown, 30, park a black car in a parking lot on Harvard Street and Welch park a white car in the same parking lot shortly after.
Apparently, Brown got out of the car with a gun and fired a single shot into the white car. The prosecution said Welch’s pregnant girlfriend and 4-year-old son were both in the car during the shooting.
D.C. Witness previously reported that Turner threatened a witness, saying the person was “next.” According to the prosecution, Turner also sent threatening text messages to another witness and attempted to bribe witnesses with drugs.
Welch’s mother spoke directly to Brown and said she doesn’t hate him. Instead, the mother said she holds Turner responsible for her son’s death. According to the mother, Turner manipulated Brown into killing her son.
Subsequently, the prosecution acknowledged the family’s discontent with the plea agreement but said one of the eyewitnesses had mental difficulties that may have impacted the jury’s decision. The prosecutor said it takes one juror to cause a mistrial or acquittal.
Prior to sentencing Brown, Judge Ronna Beck gave her condolences to the family and said that a sentence is not the “valuation of a life.” She also echoed the prosecution’s explanation about trial outcomes, saying that a lot of cases that appear to be strong result in a hung jury or acquittal and can be dragged on for years. Judge Beck noted that the process can take a toll on witnesses and family members, among others.
Brown will serve five years on supervised release following his release from prison.