`
`Brandon Burrell, Esq.
`Steven Ogilvie, Esq.
`Counselfor Jamal Matthews
`
`U.S. Departmentof Justice
`
`Matthew M. Graves
`United States Attorney
`
`District of Columbia
`
`Patrick Henry Building
`601 D Street N.W.
`Washington, D.C. 20530
`
`March 20, 2024
`
`Re:
`
`United States v. Jamal Matthews
`Case Nos. 2019 CFI 004166, 2019 CFI] 010430, 2024 CF2
`001218
`
`Dear Counsel:
`
`This agreementsets forth the full and complete plea offer for your client, from the Office
`of the United States Attorney for the District of Columbia (hereinafter also referred to as “the
`Government”or “this Office”). This plea offer will remain open until March 21, 2024. However,
`the Governmentreserves the right to revoke this plea offer at any time before your client enters a
`guilty plea in this case. If your client accepts the terms and conditions set forth below, please have
`your client execute this document in the space provided below. Upon receipt of the executed
`document,
`this agreement will become the plea agreement between your client and the
`Government. The terms ofthe offer are as follows:
`
`Yourclient agrees to admit guilt and enter a plea of guilty to the following offenses:
`1.
`one count of Aggravated Assault While Armed against D.H. (a minor) (Count6) and one count of
`Aggravated Assault While Armed against Daryl Holton (an adult) (Count 8) in violation of 22
`D.C. Code Sections 404.01 and 4502 in case 2019 CF1 004166; AND one count of Obstructing
`Justice (Count 7) in violation of 22 D.C. Code Section 722(a)(2)(A) in case 2024 CF2 001218.
`Your client understands that the offense of Aggravated Assault While Armedcarries a potential
`maximum penalty of thirty (30) years’ imprisonment, including a mandatory minimum penalty of
`five (5) years of imprisonment, and/or a $75,000 fine. Your client understands that Obstructing
`Justice carries a maximum penalty of thirty (30) years’ imprisonment, including a minimum
`penalty of three (3) years of incarceration, and/or a $75,000 fine. Your client further understands
`that the Court shall impose a term of supervised release of not more than five (5) years for each
`count. Your client understands that, pursuant to D.C. Code § 16-711, the Court may, in addition
`to any other sentence imposedas a condition of probationor as a sentenceitself, require your client
`to make reasonable restitution or reparation, pursuantto the factors set forth therein.
`
`

`

`Your client understands that the Government will reserve stepback pending
`2.
`sentencing, will waive any sentencing enhancement papers, and will reserve allocution at
`sentencing, subject to the termsset forth in Paragraph 5 of this agreement.
`
`Your client understands that the Government agrees that it will dismiss the
`3.
`remaining and greater counts of the Indictment in cases 2019 CF1 004166 and 2024 CF2 001218
`at the time of sentencing and will dismiss the Indictmentin its entirety in case 2019 CF1 010430
`at the time of sentencing.
`
`The parties further agree that yourclient, after taking an oath to tell the truth, shall
`4,
`agree to the attached factual proffer in open court on the date of the plea and acknowledge under
`oath that the statements in the factual proffer are true.
`
`Yourclient and the Governmentagree that the appropriate total sentence for your
`5.
`client in these cases is between 17 years (204 months) and 26 years (312 months) of imprisonment.
`Yourclient and the government agree, pursuant to Rule 11(c)(1)(C) of the Superior Court Rules
`of Criminal Procedure, to present this plea agreement to the Court for its approval. If the Court
`accepts the plea agreement and the specific sentence agreed upon by the parties, then the Court
`will embody in the judgment and sentence the disposition provided for in this plea agreement,
`pursuant to Rule 11(c)(3) of the Superior Court Rules of Criminal Procedure. The parties
`understand, however, that in light of other factors the Court may not agree that such a sentenceis
`an appropriate one and mayreject the plea agreement pursuant to Rule 11(c)(4) of the Superior
`Court Rules of Criminal Procedure. Uponsucharejection, pursuant to Rule 11(c)(4), neither party
`would then be bound by this plea agreement. Your client understands that if this happens, the
`Court, in accordance with the requirements of Rule 11(c)(4), will inform the partiesof its rejection
`of the plea agreement, and will afford your client an opportunity to withdraw the plea, or if your
`client persists in the guilty plea will inform yourclientthat a final disposition may be less favorable
`to your client than that contemplated by this agreement.
`
`Your client understands and acknowledges that this agreement and any plea of
`6.
`guilty that your client may enter pursuantto this plea agreement are contingent upon the entry of
`guilty pleas by your client’s co-defendants, Darnell Savoy and Stefon Freshley, in this case.
`If
`these co-defendantsfail to enter a guilty plea or any co-defendant successfully withdrawshis plea
`before your client is sentenced, this agreement and any proceedings pursuant to this agreement
`may be withdrawnorvoidedatthe sole discretion of the Government.
`
`Yourclient acknowledges and has been made awarethat pursuant to the Innocence
`7.
`Protection Act, that there may be physical evidence that was seized from the victim, crime scene,
`or from your client or from some other source that can be tied to your client that could contain
`probative biological material. Your client understands andagreesthat in order to plead guilty in
`this case, your client must waive and give up DNAtesting in this case and must execute the
`attached written waiver of DNAtesting. Your client further understands that should yourclient
`waive and give up DNAtesting now,
`it is not expected that your client will have another
`opportunity to have the DNAtested in this case.
`
`

`

`In entering this plea of guilty, your client understands and agrees to waive certain
`8.
`rights afforded to your client by the Constitution of the United States and/or by statute. Yourclient
`knowingly and voluntarily waives or gives up his right against self-incrimination with respect to
`the offense(s) to which yourclient is pleading guilty before the Court which accepts yourclient’s
`plea. Your client also understands that by pleading guilty your client is waiving or giving up your
`client’s right to be tried by a jury or by a judgesitting withouta jury, the right to be assisted by an
`attorneyat trial and the right to confront and cross-examine witnesses.
`
`Yourclient agrees to waive, insofar as such waiveris permitted by law,the right to
`9.
`direct appeal the conviction in this case, including but not limited to claim(s) that (1) the statute(s)
`to which yourclient is pleading guilty is unconstitutional, and (2) the admitted conduct does not
`fall within the scope ofthe statute(s). Your client agrees to waive any right your client may have
`to move for a reduced sentence under Superior Court Rule of Criminal Procedure 35(b), unless
`such a motion seeks a sentence within a range agreed upon bythe parties in the plea agreement.
`Yourclient also agrees to waive the right to appeal the sentence in this case, including but not
`limited to any term of imprisonment, fine, forfeiture, award of restitution, term or condition of
`supervised release, authority of the Court to set conditions of release, except to the extent the Court
`imposes an illegal sentence, or imposes the sentence in an illegal manner.
`In agreeing to this
`waiver, your client
`is aware that your client’s sentence has yet to be determined by the
`Court. Realizing the uncertainty in estimating what sentence the Court ultimately will impose,
`your client knowingly and willingly waives your client’s right to move for a reduced sentence
`(except as described abovein this paragraph) and to appeal the sentence,to the extent noted above,
`in exchange for the concessions made by the Governmentin this Agreement. Notwithstanding the
`above agreement to waive the right to appeal the conviction and sentence, yourclient retains the
`right to appeal on the basis of ineffective assistance of counsel or the imposition of an illegal
`sentence, or a sentence imposed in an illegal manner, but not to raise on appeal other issues
`regarding the conviction or sentence.
`
`This agreement sets forth the entire understanding between the parties and
`10.
`constitutes the complete plea agreement between your client and the United States Attorney's
`Office for the District of Columbia. This agreementsupersedesall prior understandings, promises,
`agreements, or conditions, if any, between this Office and yourclient.
`
`Respectfully,
`
`Matthew M. Graves
`United States Attorney
`
`By:[s/Kimberley C. Ni
`
`KIMBERLEY NIELSEN
`SHARON DONOVAN
`Assistant United States Attorneys
`US. Attorney’s Office for the District of Columbia
`
`

`

`DEFENDANT'S ACCEPTANCE
`
`I have read this plea agreement and factual proffer and have discussed it with my attorney.
`I fully understand this agreement and agree to it without reservation.
`I do this voluntarily and of
`my ownfree will, intending to be legally bound, and no threats have been made to me. I am not
`underthe influence of anything that could impede myability to understand this agreementfully. I
`am pleading guilty because I am in fact guilty of the offenses set forth herein.
`
`I reaffirm that absolutely no promises, agreements, understandings, or conditions have
`been madeor entered into in connection with my decision to plead guilty except those set forth in
`this plea agreement.
`I am satisfied with the legal services provided by my attorney in connection
`with this plea agreement and matters related to it.
`
`Date: 3 / a fd + |
`
`bead) Maaltbe
`
`
`al Matthews
`Defendant
`
`ATTORNEY'S ACKNOWLEDGMENT
`
`I have read each of the pages constituting this plea agreement, reviewed them with my
`client, and discussedthe provisions ofthe agreement with myclient, fully. These pages accurately
`and completely set forth the entire plea agreement.
`
`4
`
`4
`
`Ghd”
`
`Date: 5
`
`Date:
`
`———Z
`
`. a
`
`eSee
`~Brandon Burrell
`Attorney for Defendant
`
`Steven Ogilvie
`Attorney for Defendant
`
`