Prosecution Will Only Recognize Plea Deal if Both Defendants Accept

A prosecutor offered a murder defendant a new plea deal after three years of neogations, but the deal will only hold if his co-defendant accepts the offer as well. 

Jerrell Powell, 24, is charged with first-degree murder while armed and possession of a firearm during a violent crime. His co-defendant, Jeremiah Jordan, is charged with first-degree murder while armed, possession of a firearm during a crime of violence and unlawful possession of a firearm during a crime of violence. The men are accused of shooting Antoine D. McCullough, 30, on the 3500 block 18th St., SE in 2016. 

According to terms of the plea deal, if Powell pleaded guilty to second-degree murder while armed, his gun charges would be dropped and he would be sentenced to no more than 15 years in prison. 

During a status hearing Oct. 9, the prosecution said Jordan had also been extended the same deal. 

The prosecution said Powell’s deal is contingent on whether Jordan accepts the deal. If Jordan rejects the plea, or it is withdrawn, the prosecution will also withdraw Powell’s offer.

Powell’s defense counsel, Brandi Harden, said there has been trouble negotiating with the prosecution about the terms of the plea deal throughout the case. 

According to court documents, the defense has been in the midst of plea negotiations since January.

“He [Powell] has been prepared to take a plea deal for three years,” said Harden.

Harden also informed DC Superior Court Judge Danya Dayson that the defense was ready to go forward with trial. 

Both defendant’s rejected the plea deal.

The status hearing that was scheduled for Powell and Jordan on Jan. 8, 2020,  was rescheduled for Jordan on Jan. 6, 2020.