A 19-year-old former college football player, Javarry Peaks, is now a free man after a D.C. Superior Court judge suspended his entire prison sentence in a controversial case stemming from a Metrobus shooting incident in March.
Peaks had pleaded guilty to aggravated assault while armed and possession of a firearm during a crime of violence, following video evidence that showed him shooting a man in the chest aboard the crowded bus.
Fortunately, the victim survived the shooting and received medical assistance on the scene.
Judge Rainey Branch’s decision to suspend Peaks’ four-year prison sentence and three years of supervised release, opting instead for probation under Washington, D.C.’s Youth Rehabilitation Act (YRA), caught prosecutors by surprise.
The YRA allows for broad judicial discretion when sentencing defendants who were under 24 at the time of their offenses, providing alternatives to incarceration for crimes that do not involve the most serious offenses, such as murder.
Sentences under the YRA also allow for the possibility of sealing records from public view, which can be advantageous for young offenders seeking employment post-sentence.
This lenient outcome elicited a strong response from interim U.S. Attorney for the District of Columbia, Jeanine Ferris Pirro, who expressed her outrage in a public statement.
Pirro emphasized the violence of Peaks’ actions, stating, “This violent teen boarded public transportation with an illegal firearm and shot the victim in the chest. His actions are reprehensible and dangerous, and it is only by the grace of God that the victim did not die and that others were not harmed that day.”
While Pirro contended that serious jail time was warranted, the judge justified her decision by citing Peaks’ youth, absence of prior criminal offenses, and familial support system.
Furthermore, she referenced a previous robbery that had targeted Peaks’ cousin on public transportation, suggesting that it contributed to Peaks’ anxiety and psychosis while using transit.
Surveillance footage revealed that the shooting occurred after the victim had been harassing Peaks, who seemed to attempt to avoid a fight prior to pulling out his weapon.
The sentence has sparked a debate among legal professionals regarding the effectiveness of the Youth Rehabilitation Act.
Vida Johnson, a Georgetown Law professor and former public defender, defended the YRA as a crucial means of rehabilitating young offenders.
Johnson argued, “Jail doesn’t make people less violent. We know that it makes people more violent. The youth act doesn’t require the judge give someone probation but allows judges to consider individual circumstances.”
In light of this case, Pirro’s office is advocating for modifications to the Youth Rehabilitation Act that would prevent violent crimes committed with firearms from being eligible for such lenient sentences.
The proposed changes would specifically exclude aggravated assault and other violent crimes carried out with a gun from the YRA sentencing options, implying potential incarceration for these acts.
However, Johnson countered that there are circumstances—like Peaks’ case—that may warrant consideration for rehabilitation rather than punishment.
This incident and its aftermath highlight ongoing debates about public safety and criminal justice reform in Washington, D.C.
Currently, the D.C. Sentencing Commission has not established a system to monitor YRA cases or track recidivism rates among defendants who have undergone the program.
The agency is reportedly making efforts to address this oversight but has not released a timeline for its implementation.
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