A shooting defendant pleaded guilty in a hearing before DC Superior Court Judge Errol Arthur on March 12.
Marvin Smith, 33, was initially charged with aggravated assault knowingly while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction for his involvement in a shooting that occurred on the 2400 block of Elvans Road, SE on March 22, 2022. The incident left one victim with gunshot injuries to both legs.
At the hearing, Smith accepted a deal from prosecutors and pleaded guilty to assault with a dangerous weapon, possession of a firearm during a crime of violence, and unlawful possession of firearm with a prior conviction.
In return, the prosecution agreed to dismiss all remaining charges, limit their sentence request to seven years imprisonment, and not oppose concurrent sentences for the three charges.
According to the prosecution, the maximum penalty for possession of a firearm during a crime of violence is 15 years confinement with a minimum of five years. Assault with a dangerous weapon holds a maximum of 10 years in prison with a minimum of one year in prison. Unlawful possession of a firearm with a prior conviction carries a maximum sentence of 10 years with a minimum of one year in prison.
The prosecution stated if the case went to trial, they would have proven beyond a reasonable doubt that on the day of the offense, Smith was engaged in a verbal altercation with the victim. Smith accused the victim of bumping him in the chest, then he brandished a handgun and fired at the victim. Smith pushed the victim to the ground, struck him on the head with the handgun, and fired two more shots, hitting the victim’s legs.
The prosecution said that Smith’s actions were not in self-defense and had no legal justification.
After finding Smith understood the rights he gave up by entering this plea, Judge Arthur accepted Smith’s guilty plea.
Parties stated their intent to credit Smith with time served. According to court records, He has been held since December 2022.
Sentencing is scheduled for May 15.
