Judge refuses to postpone sentencing so defendant can finish school

By Shea Carlberg
– 22 August 2024
Daily Stories | Non-Fatal Shootings | Shootings | Suspects | Victims |

Washington, D.C., Superior Court Judge Maribeth Raffinan on August 21 denied a defense attorney's request to delay the sentencing hearing until August 2025 so the defendant could finish school before being transferred to prison.

On February 9, Eric Lemus, 20, accepted an expanded plea agreement proposed by prosecutors that required him to plead guilty to armed assault with intent to kill and possession of a firearm during a violent crime for his involvement in a non-fatal shooting incident that injured two people on March 22, 2023, in the 1000 block of Park Road, NW.

Two representatives from the School Justice Project, a Washington, D.C.-based nonprofit legal organization that serves special education needs, requested that Lemus remain in the Washington, D.C. prison so he can receive assistance in earning his GED while also receiving mental health treatment and counseling for his learning disability.

“He could continue his trauma therapy through an Individualized Education Program (EP). Or will that door remain closed forever?” Justice Project attorney Katelyn Martinez asked the court.

Lemus' defense attorney Shawn Sukumar said he wants Lemus to experience the benefits of a “self-sustaining sense of achievement” after completing his studies.

Sukumar said Lemus must now work through the curriculum because the Federal Bureau of Prisons (BoP), where he is being transferred, does not offer those services.

“What skills has he developed? The services that come with them are important in a learning disability,” Sukumar said.

A prosecutor said it was a “serious” criminal case that did not allow for delay as the victims were ready to mourn their crime and believed that the verdict was now over and they could move on with their lives.

It is unclear whether Lemus will complete his training by August 2025.

Prosecutors said the defense's request to stay Lemus' sentence was confusing because he would not receive any points during the extension. They said Lemus already had an “extreme advantage” from their guilty plea offer.

Judge Raffinan denied the defense's request to extend the hearings until next August.

The parties are scheduled to meet again on September 27.

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