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By
D.C. Witness Staff
- August 25, 2023
Daily Stories
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Shooting
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Suspects
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Victims
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DC Superior Court Judge Robert Okun doled out punishment and consolation in equal measure to a confessed carjacker at sentencing on Aug. 25.
Donyell Miller, 24, pleaded guilty on March 23 to one count of aggravated assault and one count of possession of a firearm during a crime of violence for his involvement in a carjacking incident that occurred on Sept. 16, 2021 on the 2100 block of Benning Road, NE. During the incident, Miller fired a gun, injuring one individual.
“You will serve some time but you have a strong incentive to do well,” Judge Okun told Miller after passing sentence. Using rules that allow a judge to impose less than the mandatory maximum for youthful offenders, Judge Okun sentenced Miller to 84 months on the assault charge with all but 48 months suspended and 72 months on the gun possession charge with all but 32 months suspended.
The terms are to be served concurrently, with five years and three years probation on the counts respectively.
Citing the violent nature of the crime, the prosecution wanted sentencing without considering Miller’s youth as a factor. In a second by second account, the prosecutor played a video account of the carjacking, showing Miller approaching a black, Audi SUV, banging on the window, shooting through the window and injuring the driver. He was struck with seven bullets.
In an impact statement, the victim said ever since he’s been stricken with fear when someone walks by his car. Even though the wounds have healed, he still has one bullet lodged in his knee.
The prosecutor called it a horrific crime and said Miller was a danger to the community.
However, the defense painted Miller as a very different person–an individual that had grown up in the shadow of violence and emotional trauma with many of his close friends, and even his brother murdered.
Asking for leniency, the defense said, “Prison doesn’t make people better,”
Speaking on Miller’s behalf was his supervisor at the DC Department of Public Works. “He [Miller] is a great kid; we all make mistakes,” said the supervisor, himself a former inmate.
Miller, himself, apologized, and there were tears in the courtroom.
Judge Okun said this was a tough sentencing and that he tried to balance punishment with rehabilitation. But he acknowledged this was a really serious case, saying “the offense is terrible.”
As Miller was led away from the courtroom, his parents tried to approach but couldn’t get close.
Miller was overheard to say, “I love you, mom.”