Man Sentenced to 11 Years for Voluntary Manslaughter

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A judge sentenced a homicide defendant to 11 years in prison after hearing multiple victim impact statements from family members.

Knico Wheaton, 25, pleaded guilty to voluntary manslaughter while armed on Jan. 28 in connection to the shooting of 41-year-old Tavon Cox on the 700 block of 24th Street, NE on Jan. 11, 2020. Cox succumbed to his injuries the following day, according to court documents.

Wheaton was initially indicted on charges of first-degree murder while armed, possession of a firearm during a crime of violence, robbery while armed, and obstruction of justice in relation to the murder. He accepted the plea offer June 15.

The prosecutors asked DC Superior Court Judge Milton Lee to consider the “permanent damage” of the crime and cited “the danger [they] believe the defendant poses to the community.” They asked for the maximum sentence under the plea agreement, noting the multiple videos and photos of Wheaton holding assault rifles.

The prosecutor read out four impact statements from friends of Cox in addition to those read to the court during a previous hearing April 22.

Cox “was a wonderful, loving father and husband who would give you the shirt off his back,” a close friend of the victim stated in a letter.

The letters revealed Cox was looking forward to moving to Georgia in search of a better life for him and his family.

“I miss my best friend every day … this isn’t a pain that will go away,” according to a statement by Cox’s best friend.

David Richter, Wheaton’s defense attorney, said the defense maintains that Wheaton was not the one who pulled the trigger. According to court documents, a witness saw multiple suspects attempting to purchase marijuana from Cox and saw one individual reach into his pocket as if to pull out money and shoot Cox in the head at close range.

Voluntary manslaughter carries a maximum penalty of 30 years of imprisonment and/or a $250,000 fine. However, parties agreed upon a suggested sentence ranging from a minimum of seven and a half years to 12 years in prison.

Richter asked for Wheaton to be sentenced under the Youth Rehabilitation Act (YRA). Under the YRA, defendants under the age of 25 can qualify to have their records sealed at the completion of their sentence if they fulfill the imposed requirements.

Richter pointed to Wheaton’s difficult childhood, absent father, loss of a brother, work experience, and new child. He also noted how Wheaton decided to take responsibility for his actions instead of going to trial.

“Mr. Wheaton is an exceptional human I beg to be shown leniency,” a letter, written in support of the defendant from a close family friend, read.

Richter added that he has witnessed the defendant’s character growth since he was first arrested.

“I’ve now known Mr. Wheaton for two years,” Richter said. “I’ve seen a tremendous amount of growth. He is a lot more thoughtful and conscientious.”

Along with reading a letter to the court, Wheaton stood and apologized directly to Cox’s family, his own family, and the community. Members of both the victim and the defendant’s families were in attendance.

“I hope one day y’all will be able to forgive me,” Wheaton said.

Along with the 11-year prison sentence, Wheaton will also serve five years on supervised release.

“You’ve been through the system,” Judge Lee said. “You should have learned.”

Upon release, Wheaton will receive mental health counseling, drug treatment, vocational training, educational services, and will have to register as a gun offender.

In his decision, Judge Lee referenced Wheaton’s past robbery conviction. He also rejected the defense attorney’s request to sentence Wheaton under the YRA due to Wheaton’s priors and the severity of the crime.

“Whatever the sentence, you will recover from this,” Judge Lee said. “Tavon Cox, he won’t.”

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