DC Superior Court Judge Andrea Hertzfeld wished a remorseful defendant well when she sentenced him for discharging a firearm on Oct. 28.
On Aug. 12, Kevin Jackson, 58, pleaded guilty to unlawful possession of a firearm and unlawful discharge of a firearm for his involvement in a shooting that occurred at the 1300 block of Pennsylvania Avenue, SE on Dec. 1, 2024. No one was injured in the incident.
Judge Hertzfeld reviewed Jackson’s pre-sentence report, a letter on behalf of the defendant, and a video made by Jackson.
Judge Hertzfeld said she was very touched by the video, which described hearing how Jackson’s son was killed as a result of gun violence. She was also moved by how Jackson’s daughter spoke about him in the video.
“Clearly, you have a family that cares a lot about you,” Judge Hertzfeld said.
Before Judge Hertzfeld ruled on a sentence, both parties and Jackson himself spoke in front of the court.
The prosecution stated that consistent with the plea agreement, they would be requesting the full 12 months of incarceration. They acknowledged Jackson’s circumstances he shared in his video, however also noted their concern with his prior criminal record.
Jackson had been arrested numerous times dating back to 1989, however he had been on the “right path” as described by Judge Hertzfeld up until this incident.
Defense attorney Emily Sufrin said she would keep her statements short, as in her opinion, “Mr. Jackson is the better voice to be heard here”.
Sufrin recounted the day of the incident, sharing that Jackson was battling depression and was fearful that a group nearby would cause him harm. She stated that he had even tried to approach a police officer for help, but was turned away.
Despite these circumstances, she reiterated that Jackson is fully aware of and remorseful for his actions on that day, and provided insight into Jackson’s efforts both in the community and while he has been incarcerated.
Sufrin described how Jackson has been supportive and encouraging to other young men, trying to lead them to the “right path”. She stated that he is the type of person the community will listen and look up to, “because of his heart and who he is”.
“It’s been an honor to represent [Jackson] as a client, and as a friend”, Sufrin stated, before requesting that Jackson’s sentence include reduced probation time once released.
Judge Hertzfeld gave Jackson time to speak, and listened intently as he apologized and shared his vision for the future.
“I’d like to apologize for my actions,” Jackson said immediately. He spoke of the crimes he committed many years ago- “I was a young man”, however that was “not the man who is sitting here now”.
He described his mindset on the day of the crime, sharing that his depression had resulted from the death of his mother, son, and father all within a short timeframe.
“That’s not to say those deaths excuse my behavior,” he continued. “I have to be an adult, even when [I] don’t want to be”.
He concluded by sharing that when he gets released from prison, he hopes to continue working as a chef, which has been his profession for many years before this incident.
“The rest will be told when I get home and I get my life back,” he concluded.
For unlawful possession of a firearm, Jackson was sentenced to 367 days incarcerated, with all suspended except one day. For unlawful discharge of a firearm, Jackson was sentenced to 12 months, with 6 months suspended. The sentences will be served concurrently. Both charges will also come with one year of probation, and three years of suspended supervised release.
Jackson will also have to register as a gun offender in DC, and pay $100 to the Victim of Violent Crime Compensation Act (VVCA).
When the sentence was read, Jackson began tearing up. “It’s over,” he stated.
“You can get back on your feet, good luck to you,” Judge Hertzfeld said, concluding the sentencing.
No further dates were set.
