LES. Department of .it?SiiCt?:: Ronald C, Jr. United States Attomc}-' DrIs?m'ct (.'emcr 555 Four:/I 51.. N, 3 (1 May 27. 2:314 VM ELECTRONIC Anthony Mmthews, Esq. Einily Barth, Esq. Public i_)efender Service of Washington. D.C. Re: United States V. Andre Burks, Dear Counsel, I write to convey a pre-indictment plea other to your client, Andre Burks. which your client must enter no later than Monday, June 2, 2014. The gmernnient "reserves the rigltt to revoke this plea offer at any point before your client enters a guilty plea in open court and the guilty plea is accepted by the Court. If your client accepts the terms and conditions set forth below. please have him execute this document in the space provided. Lipon receipt of the document. subject to the conditions noted above. this letter will become the plea agreerneztt client and the Office of the United States Attoriicy for the District 0l?C?olumhia. The terms and conditions of the plea offer are as followszi Any references to "the defendant? or ?your client" refer to Andre Burks. reference to "the eovemment? relers to the United States Attorney-"s ()lTicc For the District of Aii_x_-' i:el?erencc to "the parties" refers to Andre Burks and the United States Ofiice for the District 0f?C0lurnbia. Any reference to the ?agreenient" refers to this plea agreement". to La} TERMS AND Your client agrees to admit guilt and enter a plea ofguilty to: ti) one count of? Second Degree Murder While Armed, in violation of 22. DC Code Sections 2103. -"1502. which carries 31 maximum penalty of 40 years of incarceration: and b) on.e count o1'Assztult with a Datngerotts Weapon. in violation of 23 DC Code Section 402, which carries a maximum penalty of 10 years. Your client understands that. in exchange for his plea of guilty to the offenses described in paragraph 1, i. the governtnent will agree to not indict. your client on any greater or remaining charges related to the shooting of Bosemttn and Riddick on August 4. 2012. The parties agree that your ciient will remain incarcerated pending sentencing. The parties agree that your client shall. on the date of the plea. after taking an oath to tell the truth, in open court. agree to the attached factual proffer. which is consistent with the version of events presented in the atffidavit in support of an arrest warrant. The parties agree that a sentence to I56 months (13 tears) for Second Degree Murder While Armed and a consecutive sentence of 24 months (2 vents} for the Assault with 1! Dangerous Weapon. for a total sentence of I80 months (15 veers) is the appropriate sentence in this case. Your client understands that this refers to the Sentencing Commission"s Sentencing Guidelines. and that the applicable guideline range will not be determined by the Court until the time of sentencing. This plea offer is contingent upon an agreement between the Government and your client that neither party will seek an upward or downward departure outside client's applicable guideline range. Pursuant to Rule of the Superior Court Rules of Criminal Procedure, the parties agree to present this plea agreement to the Court for its approval. If the Court accepts the plea agreement and the speci?c sentence agreed upon by the parties. that is, 156 months (1.3 Years) for Second Degree Murder While Armed and a consecutive sentence of 24 months (2 vcars) for the Assault with a Dangerous Weapon, for a total sentence of 180 months [15 rears), then the Court will embody in the judgment and sentence the disposition provided for in this plea agreement, pursuant to Rule 1l(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 3 sentence is an one and niay reject the plea agreement pursuant to Rule ll(e)(4) of the Superior Court Rules of Crintinal Procedure. Upon such a rejection. pursuant to Rttit.? neither party would then be bound by this plea at-treemcnt. Your client understands that if this happens, the Court. in accordance with the requirements ofRul<-: will infonn the parties of its rejection of the plea agreement, and will afford your client on opporturtit}; to withdraw the plea. or if your I0. client persists in the guilty plea, will inform your client that a final disposition may be less favorable to your client than that contemplated by this agreement. Your client agrees that this letter is binding on the government, but, other than as noted herein. not binding on the Court. Your client further agrees that. other than as noted herein. he cannot withdraw his plea at a later date because of the harshness of any sentence imposed by the Court. in accepting this plea agreement. and entering a plea of guilt}-? to the offense speci?ed in paragraph 1. your client understands and agrees to intelligently. and volu.ntaril_v waive certain rights to him by the United States Constitution andfor by statute. These rights include. but are not necessarily-' limited ?to, the right to a probable cause determination by a niagistrate, the right against self?inerimination, the right to be tried by ajnry or by a judge sitting without ajury. the right to be assisted by an attorney at trial, the right to confront and cross?ex;imine witnesses, and the right to appeal his conviction. The charges to which your client would be entering a guilty plea are crimes ofviolence as defined in D.C. Code Section 23433 (4). Some ofthe evidence that was recovered in this case may contain biological material, which could be subjected to testing. Before the government will agree to the above plea offer, the defendant must waive, in writing below and in open court at the time ofthe plea, any right he might have to test the evidence for the presence of DNA. This letter sets forth the entire understanding between the parties and constitutes the complete plea agreement between your client and the United States Attorney's O'l?t'ice for the District of Columbia. This agreement supersedes all prior understandings, promises. agreements. or conditions. between this Office and your client. Respectft1ll;v*. RONALD C. JR. United States Attorney Natalia Medina Assistant United States Attorney United States Attorney's Office. I?--lomicide Section 555 4th Street. N.W.. Room 941 Washington. DC. 20530 202-252-7796 L1) DEFENDANTS AGREEMENT TO DNA TESTING ?My attorney has discussed the contents of this plea agreemeiit with me, including the that that I may request or waive DNA testing (or independent DNA testing, if applicable}. I understand the conditions of the plea and agree to them. I knowingly. intentionally_._ and voluntarily waive and give up DNA testing (or independent IDNA testing, if applicable) (if any biological materials in this case. I further state that I am full}-? szttis?ed with the services my attorney has prnvidcd to me and am fully satisfied with the explanation my attorney has provided me concerning the terms of the plea offer. the potential evidentiary value of DNA evidence in this case. and the consequences 0fwaix~'ing and up DNA testing in this case and pleading Date: Andre Burks, Defendant fxtiihonv}-' lylatthews, IT-lsq. If-Zntily Barth. Esq. Attorne}-* for the Defendant ACCEPTANCE l. have read this plea agreement. or had it read to me. and have discussed it with my attorney. I fully understand this agreement and agree to it without reservation. I do this and ofiny own free will. intending to be legally bound. Ne threats have been made to me nor am I under the in?uence of anything that could impede my ability to understand this agreement fully. I am pleading guilty because I am in fact gttilty of the offense set forth herein. I reaffirm that absolutely no promises. agreentezits. understandings, or conditions have been made or 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: Andre Burl-is Defendant I have read each of the pages constituting this plea agreement, reviewed them with my client, Randolph Thomas, and discussed the prtwisiens of the agreement with my client. fully. These pages accurately and completel}-? set forth the entire plea agreement. I Ann)?; 9? atthews, E1. "Barth. Esq. Attorney for Delendant OF THE DISTRICT OF COLUMBIA LNITIZD STATES or AMERICA 2013 cm 2275:; JUDGI: DRE BURKS PROFFER QF FACTS Ifcasc 2013 22758 pluceedcd lu (mil. particy agree (ml the \\nu|d hau- shovul \I\e facls beyond :1 rramlxablr doubt On Augus| J. 2012. me defendant. Andre Burks. go! an zlrgumcnl with the Antwan Boscman, whdr: all lhn; Uvcgon' Apartments lncared in 800 block of Barnaby Strecr . \\'zL\'hIngl\7n. DC. Just after 2:00 am on same date. uulsidc ol'fi-Barnaby Street 9F. DC. lhl: defendant Anhran Boseman and his friend Annvm Boscmun multiple limes In the neck. back. and Icfi knee area. and Rid in Ihc Anlnan Bowman died as A result of the xmuuds: Riddick survived. DAN I ham; read and discussed the I'-nah uilh my Vvhl5.\C signalurt Appears below. I agree. and acklm\\ledgL> by m; that (hi< Pm1Ter of is true and Jr 9 7 Amlrc 3.. . . ATTORN I have read and discussed the above Proffcr of Facts with my client, Andre Burks, whose signature appears on the page preceding this 0116. I know of no reason why his adoption of the above Proffcr oFFac1s is H01 knowing. voluntary, or intelligent. or of any other reason why his guilty plea to Second Degree Murder While Armed and Assault with a Dangerous Weapon. based on the above Proffer of Facts shouid not be accepted by the ourt. Date: 6? /2 Anthony Esq. Emily? Barth. Esq. orange! to defeI1dar1t