DC Superior Court Judge Errol Arthur imposed a one year suspended sentence for a shooting defendant whose actions put children in harm’s way. The ruling occured during a hearing on June 20.
On April 17, Joe Phoenix, 34, pled guilty to endangerment with a firearm for his involvement in a shooting that took place on May 2, 2024 on the intersection of 10th and F Streets, NE, next to Goding Elementary School.
According to court documents, video surveillance shows the defendant shooting his gun four times while children were present in front of the school.
The prosecution requested six months of incarceration along with a stay away order from the incident address. In addition, the prosecutor told the court that the incident was “more than endangerment” and went beyond simple recklessness.
The prosecution told the court, “When you ask a parent what their worst nightmare is, they answer you with this.”
Phoenix’s defense attorney, Wole Falodun, argued that the incident was a mistake and that Phoenix had no prior criminal history. Falodun claimed that Phoenix has been on home-confinement for the past two months and requested probation, claiming that Phoenix would have support from his mother and girlfriend.
Judge Arthur told the court that a “mistake” would be accidentally picking up someone’s car keys, which was far from the severity of Phoenix’s actions that day. Further, Judge Arthur emphasized the impact of the crime, telling Phoenix that the shooting may remain engrained in the minds of the children and he would be solely responsible for it.
Judge Arthur asked Phoenix if he had any children of his own, to which Phoenix claimed he had two. He asked Phoenix how he would have felt had someone carried out the same crime in front of his children and Phoenix acknowledged punishment was warranted.
Judge Arthur told Phoenix that he should consider the importance of his decisions as many defendants that come into the criminal justice system end up losing time they wish they could get back.
Ultimately, Judge Arthur sentenced Phoenix to 12 months of incarceration while suspending its execution in its entirety, one year of supervised release which was suspended, and one year of probation with the condition that he not possess any firearms. Phoenix will also have to pay $100 to the victim’s compensation fund and register as a gun offender.
No further dates were set.
