DC Superior Court Judge Robert Salerno said “a person needs to decide for himself when it’s time to make a change,” as he sentenced a shooting defendant to 120 months in prison on Jan. 22.
Elijah Hernandez, 20, had previously pled guilty to aggravated assault while armed and one count of carrying a pistol without a license in relation to an April 23, 2024 non-fatal shooting incident. In that case one victim suffered a gunshot wound to the left leg, on the 3300 block of 14th Street, NW.
As part of the deal, Hernandez also agreed to plead guilty to armed robbery and one count of carrying a pistol without a license in connection to a Jan. 26, 2025 uncharged incident that took place on the 3300 block of 14th Street, NW.
The defendant was also allegedly involved in a June 21, 2024 non-fatal shooting and carjacking that occurred on the 1300 block of 13th Street NW. All other charges associated with this case were dismissed as part of the agreement.
During sentencing, the prosecution relayed Hernandez’s involvement in three different crimes, including two non-fatal shootings and one armed robbery. The defendant was under GPS monitoring during all offenses, evidence the prosecution used to place him at the crime scenes.
The prosecutor requested 120 months of incarceration pointing to Hernandez’s 11 previous arrests. She said Hernandez had failed to make changes and characterized the defendant’s behavior as “more aggressive” and “cyclical.”
Defense attorney Joseph Fay admitted Hernandez’s behavior in one the non-fatal shooting was “objectively unreasonable,” and that the armed robbery “is what it is,” but that Hernandez has potential to be a “productive member of society.”
Fay also requested Hernandez be sentenced under the Youth Rehabilitation Act (YRA), which seals a young defendant’s conviction if they successfully complete all sentencing requirements and allowing flexibility in sentencing. The request was denied.
In a statement to the court, the defendant’s great-aunt expressed her remorse for victims impacted by the crimes. She also expressed disappointment as Hernandez’s guardian and expressed hope that he would be rehabilitated.
“He’s one of these innocent souls that if guided right, would be productive to society,” she said.
Hernandez apologized to the court while affirming that he intends to make changes in his life.
“I refuse to let my past determine my future,” Hernandez said.
Judge Salerno sentenced Hernandez to a collective 120 months for all four charges. He will face five years of supervised release, must register as a gun offender, and must pay $400 to the Victims of Violent Crime Fund.
“The community is safer without Mr. Hernandez in it,” Judge Salerno said.
No further dates were set.
