U.S. Department of Justice Ronald C. Machen Jr. United States Attorney District of Columbia Judiciary enter 555 Fourth 31.. N. W. Washington, D.C. 20530 November 16, 2012 Thomas Dybdahl, Esq. Andrew Stanner, Esq. The Public Defender Service 633 Indiana Avenue, NW Washington, DC 20004 Re: UNITED STATES v. RECO COATES. Case No. 2009 CFI 15475 Dear Counsel: This letter is to confinn the plea offer for your client, Reco Coates. This plea offer will remain open until November 19, 2012. However, the Government reserves 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 letter will become the plea agreement between your client and the Office of the United States Attorney for the District of Columbia. The terms of the offer are as follows: 1. Your client Reco Coates agrees to admit guilt and enter a plea of guilty to the following offense: Voluntary Manslaughter, in violation of D.C. Code 22-2105. Your client understands that the offense of Voluntary Manslaughter carries a potential maximum penalty of a period of incarceration of not more than 30 years. 2. Your client understands that the Government will reserve stepback pending sentencing, will waive any sentencing enhancement papers, and will reserve allocution at sentencing, subject to the terms set forth in paragraph 6 of this agreement. 3. Your client understands that the Government agrees that it will dismiss any and all greater and remaining counts of the indictment at the time of sentencing. Page 1 of6 4. The parties further agree that your client, after taking an oath to tell the truth, shall agree to the attached factual proffer in open court on the date of the plea. 5. Your client understands that subject to the terms and conditions set forth in paragraph 6 below, the Court may utilize the District of Columbia Sentencing Commission's Voluntary Sentencing Guidelines in imposing the sentence in this case. 6. Your client and the Govemment agree that a sentence of eight years (96 months) of incarceration, is the appropriate sentence in this case. Your client and the Govemment agree, pursuant to Rule 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 1 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 sentence is an appropriate one and may reject the plea agreement pursuant to Rule ll(e)(4) of the Superior Court Rules of Criminal Procedure. Upon such a rejection, pursuant to Rule 1 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 1 will inform the parties of 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 your client that a final disposition may be less favorable to your client than that contemplated by this agreement. 7. Your client agrees that this letter is binding on the Government, but not binding on the Court, and that he cannot withdraw this plea at a later date because of the harshness of any sentence imposed by the Court. 8. Your client acknowledges and has been made aware that pursuant to the Innocence Protection Act, that there may be physical evidence which 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 and agrees that in order to plead guilty in this case, your client must waive and give up any further DNA testing, including any independent testing, in this case and must execute the attached written waiver of DNA testing. Your client further understands that should he waive and give up DNA testing now, it is unlikely that he will have another opportunity to have the DNA tested in this case. 9. Your client also agrees that if any illegal firearms or illegal contraband were seized by any law enforcement agency from the possession of or the direct or indirect control of your client, then your client consents to the administrative forfeiture, official use and/or destruction of said firearms or contraband by any law enforcement agency involved in the seizure of these items. 10. In entering this plea of guilty, your client understands and agrees to waive certain rights afforded to your client by the Constitution of the United States and/or by statute. In Page 2 of 6 particular, your client knowingly and voluntarily waives or gives up his right against self- incrimination with respect to the offense to which your client is pleading guilty before the Court which accepts your client'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 judge sitting without a jury, the right to be assisted by an attomey at trial and the right to confront and cross-examine witnesses. I 1. This letter sets forth the entire understanding between the parties and constitutes the complete plea agreement between your client and the United States Attomey's Office for the District of Columbia. This agreement supersedes all prior understandings, promises, agreements, or conditions, if any, between this Office and your client. Respectfully, RONALD C. MACHEN UNITED STATES ATTORNEY By: SHANA L. FULTON MICHELLE D. JACKSON ASSISTANT U.S. ATTORNEYS Page 3 of6 ACCEPTANCE I have read this plea agreement and factual proffer and have discussed it with my attomeys, Thomas Dybdahl and Andrew Stanner, Esquires. I fully understand this agreement and agree to it without reservation. I do this voluntarily and of my own free will, intending to be legally bound. No threats have been made to me nor am I under the influence of anything that could impede my ability to understand this agreement fully. 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 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 attomey in connection with this plea agreement and matters related to it. Date: Def dant Reco Coates ACKNOWLEDGMENT I have read each of the pages constituting this plea agreement, reviewed them with my client, Reco Coates, and discussed the provisions of the agreement with my client, fully. These pages accurately and completely set forth the entire plea agreement. The Dybdahl, Esq.' Stanner, Esq. At eys for Reco Coates Date: ll Page 4 of6 OF FACTS Had this cute gone to trial the evidence would have shown buyund at reasonable doubt lhal on Nuvcmber 12, 2007, at approximately 0 defendant along with uLher individuals sctout to rob Anthony Collins in apartment -at 1 34"' Street, S.E.. in Washingwn. DVCA The robbers, included defendant, knocked on the front door and claimed in wantto huy illegal drugs from Mr. Collins. When Mr. Collins opened the door, onc oflhe robbers shoved a gun through the doorway and said words to the effect of, "You know what time it is." Mr. Collins then attempted to slam the door shut and barricade it with his body as he was stabbed by the robbers on the mlter side. The rnhhers gamed entry into the apartment. stabbed and cu1Ml: knives and stole Mr. Collins' crack cocaine The robbers than fled the apartment Due to his wounds, Mr. Collins was transported by amhulance to the hospital where he vvas admitted and treated. During the course of his treatment. Mr. Collins' condition deteriorated. Allcr lapsing into at coma, Mr. Collins died in the huapital on December 28, 2007. A autopsy determined that the cause of death was complications from the slab wound to Mr. Collins' lefl chest and that the manner of death was homicide. Altar Mr. Collins' death, defendant confessed to the police that he was one of the robbers and that he participated in the robbery that led to Mr. Collins' death. ACKNOWLEDGMENT 1 have read and discussed the Gnvemmenfi of l-'acts with my Thomas Dybdalil and Andrew Stanller. Esquires. I agree. and acknowledge by my slgnannc, that this ol'Fauts ix lrut: and correct Date. lI-- Lrl-'L Defe an Rcco Comes "me; ll (V1 Th In Page 5 of6 AGREEMENT TO WAIVE DNA TESTING My attorney has discussed the contents of this plea agreement with me, including the fact that I may request or waive additional and/or independent DNA testing. I understand the conditions of the plea and agree to them. I knowingly, intentionally, and voluntarily waive and give up DNA testing or independent DNA testing of any biological materials in this case. I further state that I am fully satisfied with the services my attorney has provided 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 of waiving and giving up DNA testing in this case and pleading guilty. Date: Date: "/l1 ?Dybdahl, Esq.\ Andr Stanner, Esq. Atto eys for Reco Coates Page 6 of6