Sentencing Postponed Again for Road Rage Shooter

By Laura Berol - May 5, 2024
Court | Daily Stories | Non-Fatal Shooting | Shooting | Suspects | Victims |

After being convicted of shooting a woman who was driving with two young children, Kenneth Davis’s sentencing was delayed on May 3 because his pre-sentence report was inaccurate.

Davis, 45, was found guilty in January of assault with intent to kill while armed, four counts of unlawful possession of a firearm during a crime of violence, and three counts of assault with a dangerous weapon. The charges stemmed from his involvement in a non-fatal shooting that injured one person on May 19, 2021, on the 1600 block of Eastern Avenue, NE. The altercation stemmed from a traffic accident.

Marnitta King, Davis’ defense attorney, told DC Superior Court Judge Rainey Brandt that the pre-sentence report incorrectly stated that Davis refused to cooperate with the pre-sentence investigation. According to King, no one from the Court Services and Offender Supervision Agency (CSOSA) ever contacted her client about the report.

King requested that Davis’ sentencing be postponed to allow CSOSA to interview Davis and to allow her to prepare for the sentencing hearing. King explained that she didn’t prepare because she wasn’t sure a sentencing would occur until Judge Brandt ruled on her motion for a new trial.

“Just because those motions were filed shouldn’t have been a signal to you to stop preparing for sentencing,” Judge Brandt replied. She pointed out that King received additional time to prepare when the court rescheduled the sentencing from March 29 to May 3, so as not to hold it on Good Friday.

Judge Brandt also questioned whether Davis himself wanted the sentencing to be postponed. Without his attorney’s involvement, he had filed an appeal, which is not permitted before sentencing.

“Mr. Davis clearly wants to appeal this case, and the only thing standing in his way is that he hasn’t been sentenced yet,” observed Judge Brandt. 

Judge Brandt found it puzzling that the defense would try to delay sentencing given that Davis’ sentence is largely predetermined by mandatory minimums. Due to his extensive criminal history, said Judge Brandt, the shortest sentence Davis could receive is 32-and-a-half years.

“It has been ages since the court has seen a criminal history score of that much,” Judge Brandt said. “In the face of all that, I am stymied to wonder why you want to put that off.”

“If it would do me any justice to see the PSI [Presentence Investigation] people, I would like to,” Davis asserted. “I’m not trying to delay the process, but I’m not trying to speed through the process because I’m not just a number–I’m a person, too.”

In granting the defense’s request for a new sentencing hearing, Judge Brandt also ordered CSOSA to arrange an interview with Mr. Davis next week and provide the court with a new presentence report soon after.

“Ms. King, if anything goes sideways with the PS [presentence] report, it’s up to you to fill in the gap by July 12,” Judge Brandt declared.

The next hearing is scheduled to take place on June 14.