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SUPERIOR COURT OF THE DISTRICT OF COLUMBIA CRIMINAL DIVISION --------------------------x UNITED STATES OF : AMERICA : : Criminal Action No. v. : : 2011 CF3 016292 DEANGELO JONES, : : Defendant. : --------------------------x Washington, D.C. Friday, October 26, 2012 The Sentencing Leibovitz, commencing above-entitled action came on for a Hearing, before the Honorable Lynn Associate Judge, in Courtroom No. 213, at 9:44 a.m.

THIS TRANSCRIPT REPRESENTS THE PRODUCT OF AN OFFICIAL REPORTER, ENGAGED BY THE COURT, WHO HAS PERSONALLY CERTIFIED THAT IT REPRESENTS HER ORIGINAL NOTES AND RECORDS OF TESTIMONY AND PROCEEDINGS OF THE CASE AS RECORDED.

APPEARANCES: On behalf of the Government: Stephen F. Rickard, Esquire Assistant United States Attorney On behalf of the Defendant: Renee Raymond, Esquire Washington, D.C.

Debbie Klapaska, RPR Official Court Reporter

Telephone

(202) 879-1039

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P R O C E E D I N G S [9:44 a.m.] THE DEPUTY CLERK: Calling from Your Honor's

Sentencing Calendar, United States versus Deangelo Jones, 2011 CF2 [sic] 16292. MR. RICKARD: Government. MS. RAYMOND: Good morning, Your Honor. Renee Stephen Rickard, for the

Raymond, on behalf of Mr. Jones. THE COURT: Good morning. I apologize, Your Honor. I

MR. RICKARD:

thought we were set for 10:30 in this courtroom. THE COURT: I think we are set for 10:30. I thought it was set for 9:30.

MS. RAYMOND: THE COURT:

And so I guess I need to ask, are

there people who are trying to attend this who are not coming until 10:30? MR. RICKARD: THE COURT: I dont believe so, Your Honor. I have received the

All right.

presentence report, the Government's memorandum with certain attachments including community impact statements. I've received two letters on behalf of

the Defendant from his father and others, and I've received Ms. Raymond's letter to me this morning with an attachment.
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MR. RICKARD:

And I apologize, Your Honor, as

I have Ms. Raymond's letter but not the attachments. MS. RAYMOND: MR. RICKARD: briefly? THE COURT: And what I'll do, I just want to The attachments are in there. If I could look at them just

take a second to read these letters that are attached to the letter. MR. RICKARD: I'm sorry. Beside the letters

attached to Ms. Freeman's memo, there are additional letters? MS. RAYMOND: THE COURT: No. I've received additional Possibly not. I

Wait.

letters that I hope I sent you to all. I want to make copies.

I'll just pass them down.

try to make sure these things are sent to everybody. MR. RICKARD: The first letter is attached to

Ms. Raymond's memo, and I haven't seen the second letter. THE COURT: That's true. No, I have not.

MS. RAYMOND: THE COURT:

I've read the attachments and the

letter provided by the Defense and I've carefully read all of the sentencing materials. Mr. Rickard?
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MR. RICKARD:

On August 23rd of 2011,

Mr. Jones fired nine shots into a crowded basketball court. He struck one victim in the back and the arm,

causing serious injury; and struck another fleeing man in the arm -- or a fleeing juvenile, in the wrist. And, as I argued in the presentence, under danger, encompassing dozens more -- dozens more of young people who had been out enjoying that summer evening on the basketball court. And I do really think that that's what's dramatically different about this case than from most other shooting cases that have probably been in this courtroom, is the number of people who were there when this happened. So rarely is there a certain

case where there were so many people on the scene. And I think that the community impact statements remind us that besides the people on the scene, even someone around the corner, who hears gunshots and then comes around the corner to see a young man shot in the back, is going to just have a traumatic effect on the way that that person lives in their own neighborhood, going forward. And that's, of course, just someone who's around the corner, not even to mention someone who is
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on the court and heard the shots and had to run. So of course, as to the people who were actually shot, as I've mentioned in the memo, I don't have -- there's no victim impact statements to submit. But I do hope that the before and after photos, Exhibits A, B, and C, in the memo, make just about a clear impact -- a statement of the impact on the victims as could be made, with Exhibit A showing the juvenile victim leaping in full extension and athletic ability reaching for the hoop on the court, and then minutes later, in anguish, after having been shot. The particularly aggravating factor in all of this then is that the Defendant at the time of this shooting was on probation for carrying a pistol without a license. So not only was this a brazen daylight shooting at a crowded court, but it was even more brazen in that the Defendant was wearing a GPS tracking anklet at the time. Although he'd been

sanctioned earlier for not charging it, it was charged that day, and it shows exactly where Mr. Jones was. THE COURT: And so, Mr. Rickard, can I just
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ask -- the presentence report calculates the sentencing range in what would be the typical column 6 -- column -- Group 6, column B, for the ABW, 24 to 66 months. You've said that this -- this was aggregated by the commission of the offense on a juvenile, and what's your position as to what that does to the sentencing range? PROBATION AGENT: MR. RICKARD: It makes a difference.

The presentence report -- the

presentence report makes that calculation, Your Honor. It lists it as not -- 24 to 99 months, and

that's a guideline that -THE COURT: It is 24 to 99? On page 17 of the presentence

MR. RICKARD:

report that I have, and I don't have the guideline off the top of my head. THE COURT: it. Okay. I think -So you've just clarified Is that what you --

You said on page 16? MR. RICKARD: THE COURT: 17.

You're right.

They do.

MR. RICKARD:

I think that's because I made a

statement to the presentence report writer during the presentence -- when the presentence report writer asked me for comments, and I did note that
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enhancement papers applied. THE COURT: How bizarre, because I could swear That

I read this and saw the wrong -- well, okay. takes care of that. MR. RICKARD: Thank you.

And I think its Appendix H that

says that that particular enhancement has a one-and-a-half times multiplier to the upper end -THE COURT: Thank you. -- but not the lower end of the

MR. RICKARD: guidelines. THE COURT:

Thank you. So the -- and that was my next

MR. RICKARD: point.

The existence of that conviction is what puts

Mr. Jones in Box B, but -THE COURT: If you could just slow down a

little bit for the court reporter, please. MR. RICKARD: I apologize. Thank you.

It's the existence of that conviction that puts Mr. Jones in Box B and exposes him to that range. But it's the facts of that conviction, as

well as the facts of this case, that support the Government's allocution for a sentence near the high end of that range. And that, you know, its not all carrying a pistol without a license convictions are the same.
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Mr. Jones isn't the guy who drove into D.C. with an out-of-state gun. In that earlier case, he was stopped running from the scene of a shooting. of a shooting. Or running in the area

And of course, the Government, as I

said in the sentencing memorandum, doesn't argue that he committed that shooting. But that presence makes that a very different conviction than many other CPWL convictions and does suggest this kind of continuous involvement in violence in the area. And so as I -- and that's the

last point that I wanted to make, Your Honor. If I -- in discovery, as well as in the sentencing memo, although there's no specific charges about it, that the Government's evidence -- or that the Government would have sought to introduce in evidence at trial, about Mr. Jones' association with this crew in the area of 7th and O Street, particularly because the shirt that was DNA tested had the -- like, gang-related information on the back that said KDP, and had this picture of someone who had been killed. So that that shirt, the prior shooting, Mr. Jones' history in the area, all support this kind of continued involvement in the 7th and O crew
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activity, particularly when they are in conflict with 8th and R, and other area crews, and it really creates the kind of continued violence that dramatically changes that community. So because of the severe injury to the complainant and the significant injury to a juvenile, and because of the profound and also very wide impact on the community, and because the Defendant was on probation at the time for a gun offense, the Government is asking the Court to impose a sentence near the high end of the guideline range, of not less than 90 months on the counts for possessing a firearm during a crime of violence against the first complainant, and a consecutive 90 months for the assaulting of the second complainant, who was a juvenile, and then a concurrent sentence for the charge of felon in possession of a firearm. THE COURT: Ms. Raymond? Thank you, Your Honor.

MS. RAYMOND:

Your Honor, Mr. Jones entered into a plea in this matter for the reasons set forth in our sentencing letter, specifically. And he actually

refers to those reasons also in his letter to the Court. And specifically, that he made a rash decision
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in a moment after hearing something -- and this is reflected also in the statement to the presentence report writer -- hearing something from someone, he didn't know whom, when he was on the basketball court, and he did something for which he will regret the results of the rest of his life. He -- I've seen him a lot. I've talked to him

a lot over the course of the several months that I've represented him, and what I've found Mr. Jones to be is very interesting and compelling for me. incredibly gentle. He is

He is incredibly spiritual.

Whenever I've seen him at the jail or spoken to him on the phone, which has been on several occasions, he always, always refers to the harm that he did to those two young men, and what he did in that community, and how that is of such contrast to the person who he is and the person who he has tried to be. You got a letter also from Mr. Jones' father, who happens to be in the audience today, and Mr. Jones' father describes the absence of influence he was able to have in his son's life. The reason that Deangelo Jones, quite frankly, Your Honor, told this Court that he did the things that -- that he did, because of -- and I don't
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remember, but I don't think that the Court was present for the preventative detention hearing. think I did that in another courtroom. But there were some things about this case that made it potentially a good trial case. things, not so much. Other I

And why, I think, Mr. Jones

ultimately -- after thinking about everything -- and quite frankly, he was praying on this and consulting his own spiritual advisors, came to the place that he needed to pay for what he did. I don't disagree with the prosecutor about the impact that Mr. Jones' actions had on the community. I do disagree with the prosecutor, however, about how he's asking the Court to consider the prior carrying a pistol without a license. The fact of the matter is, that this prior carrying a pistol without a license is not different than a lot of carrying a pistol without a license cases. It doesn't make a -- much difference in the

description that's given in the -- in the materials that are provided by the Government. The suggestion that there was some kind of gang affiliation that fed this is, I think, stretching things. There's nothing in the materials

that I have, in any event, that suggests that this,

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this particular shooting, was gang-affiliated or gang-related, or the like. And so, given all of the circumstances -- and in particular, the fact that Mr. Jones is a young man and he's going to have to do a substantial period of time, even at the bottom of the guidelines -- we're asking the Court to sentence Mr. Jones at the bottom of the guidelines; and that would be a sentence of 7 years, with credit for time served, and whatever conditions the Court deems appropriate in this case for a supervised release thereafter. THE COURT: report. I can't tell from the presentence

Did Mr. Jones grow up in the 7th and 0

neighborhood? THE DEFENDANT: MS. RAYMOND: THE COURT: 7th and M Streets.

Yes.

Sir, is there anything that you'd

like to say to me before I sentence you? THE DEFENDANT: Yes, ma'am. I would like to

start off by giving all thanks and honor to my Lord and my Saviour, Jesus Christ. And I would like to

apologize for my criminal conduct, to the Court, to the victims, to my family, to my loved ones, my friends, my daughter. And I'd just ask for another

chance, if there's any way, Your Honor.

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THE COURT:

Ms. Raymond and I have both been

around this courthouse long enough to remember that it's been a couple of generations now that have had to fear gun violence in the neighborhood where you were raised. 7th and O has been well-known in this

city for being a place that was residential, where people raised families, and where young people beefed with each other and shot at each other on the playground and in the neighborhood. And the amazing thing, to me, is that here you You may have been one of those kids whose

mother said don't you be out on that playground after certain hours because you're going to be in danger. In danger, in your own neighborhood. And the problem is, you can think that it's worth having a deadly dispute with other people, because of the neighborhood beef, because of some disrespect that you might not even be able to remember. Who knows how it started, right? Was it

somebody disrespecting somebody's girlfriend? Was it something someone said in a club? Was

it something that happened two years ago, five years ago, 20 years ago? Sometimes you can't even answer

that question, and that's an amazing thing to me. But the beef goes on, and nothing can stop it.
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Nothing can stop it.

Generations later, your little

girl can't go out on the playground without fear of injury. And that's what you contribute to. That's

what you're making happen. thing.

And it's a principle

I believe Ms. Raymond.

I believe you're

spiritual and I believe you're profoundly committed to the things you care about. And you walking around in that R.I.P. T-shirt, I assume, makes you believe very strongly and profoundly that you've got to take action, you've got to retaliate, you've got to represent the people you love in your neighborhood, and respond in a way that it doesn't matter who the targets are, it just matters that you're back in the neighborhood that you're beefing with. If that doesn't stop, your little girl could be standing here 20 years from now, just like you are, in the jumpsuit and the shackles; because you can't be raised around that and not have it affect you. Or, she could be standing here with a father

who also has to say I missed most of her life because I was locked up. Or, you could be deceased because

you're participating in a back and forth that has to wind up one way or another, in death or
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incarceration. I mean, which way does it -- where can it possibly go? terrorized. And, you know, this is a vocal community. They have a lot to tell me. But it's true in And its been true And meanwhile, the community is

neighborhoods all over the city. for so long.

It's -- I've never been able to

understand how it is that you could grow up in a neighborhood and care about it that much, and destroy it that completely. I've never understood how you

could do that in your own backyard. But to you, it's not your own backyard. The

basketball court up at 11th Street is a different neighborhood from yours, even though you could probably, you know, throw a tennis ball from your neighborhood to that neighborhood. just across the street. So, unfortunately, your record, this case, it all says that you've made a principled choice to further the beef, the dispute, the killing, all of that, rather than walk away from it. And I don't comment on people's religions, but it doesn't seem to me to be consistent with a faithful moral existence, to be willing to walk up
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onto some basketball court at 6 o'clock at night, looking for trouble like that, with a gun, that you then fire at people you don't even know. even know who you're going to hit. And you are so lucky you're not standing here with a murder charge. You are so lucky. And those You don't

young men are so lucky that they are alive today. And it wasn't because you weren't trying to kill somebody. You were just shooting and you didn't

care who you hit and what happened to them; because that's how angry you are, and that's how much you think that the wrong that's been done, in your mind, deserves that kind of action. that can continue. I accept here that you've taken responsibility for what you've done, and your sentence is going to reflect that. of a trial. everybody. You've spared the Government the risks So I can't see how

I think this was a fair plea for You got the benefit here of not being

sentenced for assault with intent to kill, which you could have been. And -- but I have to tell you, I have to take seriously the choices you've obviously made about which side of that fight you're on. Because if you

don't walk away, turn the other cheek, and find some
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way to live your life and raise your child without all this, your community can't survive, and it's your community. I take very seriously the injury to the victims in this case. They had a right to play ball

out on that -- on that court without fearing injury or death. And the injuries one of them received were very serious, life-threatening injuries, potentially. The other one, thank goodness, was less seriously injured. But my sentence does reflect that.

On the offense in Count 4, which is possession of a firearm during a crime of violence, I sentence you -- excuse me -- to 78 months. On the assault with a dangerous weapon, I sentence you to 66 months, consecutive, and that is meant to add up to 144 months, or 12 years. On Count 13, which is the felon in possession, I sentence you to -- excuse me -- 24 months concurrent. On each of those counts I sentence you to 3 years of supervised release. You must pay $300 court costs. from jail pay. And, sir, you're a gun offender under D.C.
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That can come

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law, and what that means is that within 48 hours after your release you are required to report to police headquarters and register as a gun offender. Do you understand? THE DEFENDANT: THE COURT: Yes, ma'am.

And I'll give you an order that

says what you have to inform them of. And Ms. Raymond, does Mr. Jones have any child support order that he'd like to move to modify at this time? MS. RAYMOND: THE COURT: No, Your Honor.

Is there anything further? Nothing on behalf of Mr. Jones. Your Honor, I just wanted to I

MS. RAYMOND:

PROBATION AGENT:

work on the -- 3 years of supervised release? wasn't sure if it was -MR. RICKARD: It was 3 or 5 that was

appropriate in this case. THE COURT: I'm ordering 3. Thank you.

MR. RICKARD: THE COURT:

Thank you. Your Honor, may I briefly

MS. RAYMOND:

approach on an unrelated matter? THE COURT: On an unrelated matter, yes.

[PROCEEDINGS ADJOURNED AT 10:06 A.M.]

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REPORTER'S CERTIFICATE

I, Debbie Klapaska, RPR, an Official Court Reporter for the Superior Court of the District of Columbia, do hereby certify that I reported, by machine shorthand, in my official capacity, the proceedings had and testimony adduced, upon the jury trial in the case of the UNITED STATES OF AMERICA v. DEANGELO JONES, Criminal Action No. 2011 cf3 016292, in said court, on the 26th day of October, 2012.

I further certify that the foregoing 19 pages constitute the official transcript of said proceedings, as taken from my machine shorthand notes, together with the backup tapes of said proceedings.

In witness whereof, I have hereto subscribed my name, this the 5th day of November, 2012.

Debbie K. Klapaska, OCR, RPR Official Court Reporter

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