Sentence Delivered in Felony Possession Case

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DC Superior Court Judge Julie Becker sentenced a defendant to probation under the Youth Rehabilitation Act (YRA). 

John Stewart, 22, pleaded guilty to unlawful possession of a controlled substance and carrying a pistol without a licence outside a home or business. 

On Aug. 23, 2019, on the 500 block of Newcomb Street, NE, officers from the Metropolitan Police Department (MPD) arrested Stewart for carrying a 9mm pistol with an extended magazine and for possessing 4.3 grams of crack cocaine.  

Judge Becker sentenced Stewart for carrying a pistol without a licence to one year in prison, all of which are suspended, plus 18 months of probation. For unlawful possession of a controlled substance, Stewart received 60 days in prison, which was suspended, and 18 months of probation. The sentences are slated to run consecutively. 

During the sentencing hearing on Sept. 18, defense attorney Sabitiyu Abou argued that the defendant’s noncompliance with the Pretrial Services Agency (PSA) is due to the COVID-19 pandemic. 

“I don’t think Mr. Stewart’s indiscretions can be attributed exclusively to the pandemic,” said Judge Becker. 

While released, Stewart was arrested two more times. He is charged with contempt for carrying a pistol without a licence and for violating his stay away order. 

Stewart also lost contact with PSA and did not charge his GPS tracking device. He posted photos and videos of himself on Instagram holding firearms after being ordered not to possess any. 

“Give Mr. Stewart the chance to prove himself,” said Abou. 

Defense council requested that Judge Becker give her client a suspended sentence under the YRA so that this case will be effectively sealed once he completes his sentencing requirements. 

Judge Becker said the only reason she is not giving Stewart jail time is because he is currently held in DC Jail for his other two cases. By giving him a fully suspended sentence he will not be able to accredit his time in DC Jail to this sentence. 

As part of the plea deal with the prosecution, the charge of possession of a controlled substance with intent to distribute was dropped down to just possession.

Conditions of the defendant’s probation include registering under the Gun Offender Registry, abstaining from drugs and alcohol, submitting to drug testing, enrolling in substance abuse treatment, GPS tracking and grief counseling if deemed necessary. 

Judge Becker continued the stay away orders from this case and from his pending charges.  

Stewart is required to pay a total of $150 to the Victims of Violent Crime compensation fund. 

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