Non-Fatal Shooting and Stabbing Defendant Wants to Withdraw Guilty Plea, Prosecutors Say ‘No’

By - September 6, 2023
Court | Daily Stories | Non-Fatal Shooting | Shooting | Suspects | Victims |

On Sept. 6, DC Superior Court Judge Anthony Epstein heard competing arguments regarding Alvin Jackson’s request to withdraw his guilty plea. 

Jackson, 29, was originally charged with three counts of assault with intent to kill while armed, three counts of possession of a firearm during a crime of violence, three counts of criminal street gang affiliation, and one count of conspiracy while armed for his alleged involvement in a non-fatal shooting, May 2, 2020, on the 5000 block of H Street, SE. 

According to court documents, three individuals sustained non-life-threatening injuries in the incident.  

In a separate case, Jackson was charged with one count of aggravated assault knowingly while armed during pretrial confinement for a stabbing that took place on Aug. 5, 2022, at the DC Correctional Facility on the 1900 block of E Street SE. 

On April 20, Jackson agreed to a global agreement pleading guilty to one count of assault with intent to kill while armed and one count of assault with a dangerous weapon for his role in the May mentioned shooting and the non-fatal jail stabbing. The plea agreement was previously sealed but is now available to the public. 

Defense counsel for Jackson, Steven Kiersh, argued prior counsel misinformed Jackson about the plea deal and he did not receive adequate representation. Kiersh claims his client was coerced into signing and did not have enough time with counsel to discuss options. 

Kiersh also noted the prior counsel allegedly told Jackson he could “talk the judge down” to eight years instead of twelve despite Rule 11(c)(1)(C), which limits a judge’s sentencing discretion in a plea deal. 

Witness testimony corroborated Kiersh’s claims, even though the prior counsel does not recall saying that Jackson’s deal could be modified and disagrees with the accusations. 

Prosecutors believe Jackson’s motive to withdraw the plea is not misinformation but rather a response to retaliation. The prosecutor highlighted the suspicious timing of the withdrawal request as Jackson was assaulted in prison a few days prior. 

The prosecutor stated Jackson admitted to the crime and should not have the option to “take it all back,” especially without assertion of legal innocence. 

Judge Epstein will rule in chambers and currently has no timeline for a decision.