GUILTY DC - David Messerschmitt, 30, murdered in Washington hotel room, 9 Feb 2015 #3

[FindHG]

Thank you for the news, popsicle. In this article it sounds like Dominique Johnson could have been the weeble looking person with the strange face you see facing the perp pacing in the lobby. It's good to know that Ms. Fulton sees how cold and calculating the whole thing seems, including DJ calculating her defense. It does seem like she was much more than just along for the thrill and some cash. This seems like ruthless brains and brawn coming together.

Prosecutors seek 25-year sentence for woman convicted of killing D.C. lawyer
By Keith L. Alexander, The Washington Post,
August 18, 8:12 pm

"Assistant U.S. Attorney Shana L. Fulton wrote in her memo that she received 53 victim impact statements from Messerschmitt’s family, friends and colleagues, which she submitted to the judge."

[...]

“The government is very concerned by the level of planning and dangerousness she has presented to the community at this stage of her life that has resulted in the death of Mr. Messerschmitt and inconceivable pain to his loved ones,”...
“For all these reasons, the government believes that the community is best protected and justice is best served by [Gallmon’s] incarceration.”

 

[DexterMorgan]

25 years? She will be out by the time she is 40 for good behavior. Is the prosecution joking or what?

They need to seek 250 years. Btw. I hoped they checked for other possible victims.

 

[BrownRice]

I assume his family was ok with it (as much as one could be in the situation of course). Probably weighed it against the salacious details that would be coming out in the press during the trial that would further ruin his character. Just get it done and move on. I'd probably do the same.

 

[FindHG]

25 years? She will be out by the time she is 40 for good behavior. Is the prosecution joking or what?

They need to seek 250 years. Btw. I hoped they checked for other possible victims.

hmm... I guess we're left praying she's good at 40?

WB Dex

 

[FindHG]

Women sentenced in lawyer's hotel murder
Nikki Burdine and Meta Pettus, WUSA reports after the sentencing from outside court
12:56 pm edt August 21 '15

The murder was

"sentenced to 24 years with five years of probation for second-degree murder"

[... her accomplice, Dominique Johnson, received]

"12 months with all but six months suspended. After she serves six months in jail for conspiracy to commit robbery she will serve three years of probation."

[... David's brother spoke in court]

"There is a large hole in our lives. It is not going away, but I hope we can crawl out of it. David deserves for us to let everyone know how great he was. He didn't deserve to be murdered,"

[... the judge said]

"Messerschmitt was a young, vibrant hard-working person who did nothing to justify his violent death."

[... adding this at sentencing]

"David was very much loved by his colleagues, classmates, friends and family. The impact of this case is phenomenal."

RBBM

~

Department of Justice
U.S. Attorney’s Office
District of Columbia​

---

FOR IMMEDIATE RELEASE
Friday, August 21, 2015

District Woman Sentenced to 24 Years in Prison For Murder of Man at Northwest Washington Hotel

Second Woman Also is Sentenced to Incarceration For Her Role in Events Before and After the Murder
​

~

D.C. lawyer’s killer sentenced to 24 years in prison
By Keith L. Alexander, The Washington Post
August 21, 10:18 pm

Assistant U.S. Attorney Shana Fulton said that although sentencing guidelines for a second-degree murder plea called for a maximum of 24 years in prison, she argued for an extra year based on the heinous nature of the crime, she said.

“This was not a random robbery. This was calculated and premeditated,” Fulton said. “She stabbed Mr. Messerschmitt seven times. She plunged a knife into him seven times, even in his back, and she left him there in that hotel room to die.”

[... Kim]

Vuong told the judge in the statement that she felt she was “exploding every day. . . . That I was being punished for something I didn’t even do. My young body felt like it had been torn through a decade of war.”


~
Law sites:

http://www.jdjournal.com/2015/08/21/craigslist-stabber-gets-24-years-in-prison-for-killing-attorney/

https://www.law360.com/legalindustry/articles/693626/dla-piper-atty-s-killer-gets-24-years

http://www.lexisnexis.com/legalnews...dla-piper-atty-39-s-killer-gets-24-years.aspx

http://www.nationallawjournal.com/l...Friends-and-Family-Reflect-on-Loss?back=TAL08

 

[Blondie in Spokane]

I really don't know what to say now that the perps have been sentenced......their futures are now ruined all because they wanted to rob someone. I followed this case from the beginning and it truly bothered me.

It all seems so wrong and I feel so badly for David's family. Two horrible people caused so much hurt and pain, which will never quite go away.

Everyone loses.

 

[colette]

I really don't know what to say now that the perps have been sentenced......their futures are now ruined all because they wanted to rob someone.

(sniped by me) At least they have futures, poor David has none. They got a sweetheart deal, with time served and good behavior it will be a lot less time.

 

[popsicle]

25 years? She will be out by the time she is 40 for good behavior. Is the prosecution joking or what?

They need to seek 250 years. Btw. I hoped they checked for other possible victims.

The news said they did check. They found others she was corresponding with but not any other victims. jmo no link

 

[JayMac]

NBC4 news just said Gallmon faces 18-25 yrs, at trial she would have faced 40 yrs. Johnson faces 5 yrs.

This is incorrect. The sentencing guidelines are the same whether you are convicted after trial or whether you plead guilty.

For someone with her category of criminal history (which was none and put her in Column A on the sentencing scoring sheet) her guidelines were 144 months - 288 months - 12 - 24 years. Yes, a murder two while armed offense can carry up to life which is listed as 40 years but it would take an extremely different case to get to that. For all the publicity and media attention this was not an out of the ordinary murder except for the attractive, successful, white, friend of a federal judge victim and the gay related circumstances which were unfortunately sensationalized.

Any sentence outside the guidelines has to be explained in writing by the judge. He has the statutory authority to go outside the guidelines - up or down - since the guidelines are technically voluntary - but it is not encouraged. There are mitigating and aggravating factors that can be used and cited to justify going outside the guidelines and if used they can keep a departure "guideline compliant."

Though the USAO argued for an upward departure of one year asking for a sentence of 25 years the judge appears to have rejected that. He stayed within the guidelines by giving the max under the guidelines. I know everyone is out for blood but I take issue with a judge failing to give some consideration and a reduction for a guilty plea and, in this case, a very early guilty plea. Though I believe this offense needed a severe and lengthy jail term, even a sentencing consideration of a year or a few years would acknowledge the early acceptance of responsibility. It is very difficult to encourage guilty pleas when defendants see you get nothing in exchange. While a cooperator/snitch just literally walks - as Johnson will in this case.

 

[FindHG]

This is incorrect. The sentencing guidelines are the same whether you are convicted after trial or whether you plead guilty.

For someone with her category of criminal history (which was none and put her in Column A on the sentencing scoring sheet) her guidelines were 144 months - 288 months - 12 - 24 years. Yes, a murder two while armed offense can carry up to life which is listed as 40 years but it would take an extremely different case to get to that. For all the publicity and media attention this was not an out of the ordinary murder except for the attractive, successful, white, friend of a federal judge victim and the gay related circumstances which were unfortunately sensationalized.

Any sentence outside the guidelines has to be explained in writing by the judge. He has the statutory authority to go outside the guidelines - up or down - since the guidelines are technically voluntary - but it is not encouraged. There are mitigating and aggravating factors that can be used and cited to justify going outside the guidelines and if used they can keep a departure "guideline compliant."

Though the USAO argued for an upward departure of one year asking for a sentence of 25 years the judge appears to have rejected that. He stayed within the guidelines by giving the max under the guidelines. I know everyone is out for blood but I take issue with a judge failing to give some consideration and a reduction for a guilty plea and, in this case, a very early guilty plea. Though I believe this offense needed a severe and lengthy jail term, even a sentencing consideration of a year or a few years would acknowledge the early acceptance of responsibility. It is very difficult to encourage guilty pleas when defendants see you get nothing in exchange. While a cooperator/snitch just literally walks - as Johnson will in this case.

She killed an unarmed man, savagely, having shown up in a premeditated and calculated way, prepared to do so, if things went wrong and she had to get away, it appears to me. Then, the lead to her in SM took an awful long time to gain credibility, it may seem in retrospect. Then, in addition, with said accomplice who may have known how to work the system, and who appears outside court in MSM with what may be indifference, I have trouble seeing the ordinary but none the galling aspect of it, JayMac.

Thank you for explaining sentence scoring, I'm lost on how it works.