A shooting defendant was denied release after he accepted a plea deal before DC Superior Court Deborah Israel on Nov. 20.
Jaquan Proctor, 23, was originally charged with assault with a dangerous weapon and possession of a firearm during a crime of violence for his involvement in a shooting aimed at his mother and brother on the 5500 block of Illinois Avenue, NW on July 30.
Judge Israel noted that a report from the Department of Behavioral Health (DBH) indicated Proctor mentally competent to proceed with the case. She also mentioned that she received a waiver of indictment, waiver of DNA testing, and plea agreement.
Proctor’s attorney, Karen Minor, told the court that Proctor would be pleading guilty to one count of assault with a dangerous weapon in exchange for prosecution not seeking an indictment on any remaining or greater charges and keeping the sentence at the bottom one-third of the sentencing guideline.
The prosecutor stated that their evidence would’ve proven beyond a reasonable doubt that on July 30, Proctor was arguing with his mother when his brother intervened, shifting Proctor’s aggressions towards his brother. Proctor threatened to grab his pistol, which led to his mother and brother hiding in their bedroom and shutting the door. Proctor wedged his pistol between the door, before the door fully shut, shooting a round into the bedroom.
Minor requested Proctor be released pending his sentencing on the basis that he realized the seriousness of the crime, is participating in anger management classes, and had a place to stay with his aunt and grandma, away from his mother and brother. Minor also mentioned that Proctor was extremely introspective and was focused on becoming a good father for his daughter.
The defendant spoke before Judge Israel, stating that he had time to think and wanted to become a better man and father for his daughter by getting medication and therapy to improve his mental health.
The prosecutor requested Proctor stay jailed as the only fact that has changed from the previous hearing was that he accepted the guilty plea. They highlighted that Proctor could have easily been charged with two counts of assault with a dangerous weapon, one against his brother and the other against his mother. They also mentioned how this incident was particularly concerning because it could have caused serious damage.
Judge Israel denied the motion for release, explaining that defense did not provide clear and convincing evidence to ensure the safety of the community.
Judge Israel ordered for a pre-sentencing report and Youth Rehabilitation Act (YRA) report to more fully understand the defendant. The YRA allows for younger defendants’ convictions to be sealed if they successfully complete all sentencing requirements and gives judges flexibility in sentencing. Judge Israel explained to Minor that while she was denying release, she was still open to having arguments on sentencing with the YRA in consideration after receiving these reports.
Parties are slated to reconvene on Feb. 6 for sentencing.
