La Plata, MD – Javon Travell Smith, 19 of Waldorf, was asked a simple question Monday, March 14 by Charles County Circuit Court Judge Amy J. Bragunier.
โWhy did you do it?โ the judge asked.
The defendant didnโt answer.
That was a problem for the judge.
Smith and a co-defendant were charged with attacking a Westlake High School student walking home from summer school July 9, 2015, beating him and stealing his iphone.
Smith accepted a plea for the crime back in February and was in court March 14 for sentencing.
Charles County Assistant Stateโs Attorney Sarah Freeman said the plea agreement was for 18-month incarceration and for the defendant to pay $174.33 in restitution.
โMr. Smith does have restitution today,โ Freeman said. โSo that is taken care of.โ
What remained was why.
Defense Attorney Camara Mintz said Smith had graduated with good grades, held a good job and had no criminal record.
โMr. Smith has no record, but this is a senseless act,โ Freeman said. โThe victim was a 15-year-old boy walking home from Westlake High School. They assaulted and kicked him for his iphone.
โThe victim said Mr. Smith told him over and over, โyou know I need to get that phoneโ during the attack,โ she added.
Smithโs aunt said she had watched him grow up and become responsible.
โFor something like this to be put in jeopardy, I humbly request for the least restrictive sentence,โ she said. โI can attest to his personal growth.โ
Smithโs grandfather, Otis Davis, asked the court to consider probation.
โHe is scared to death,โ Mintz told Bragunier. โHe understands where he is. He understands what happened was foolish. He made a bad decision. We have an opportunity to allow Mr. Smith to make better decisions in the future. I donโt believe jail would be in his best interest.โ
Then came the fateful question from the judge. โWhy?โ
The defendant never answered.
โI donโt believe he has an answer,โ Mintz told the court. โI really donโt think they know why they did it.โ
Without an answer, the result was imminent.
Bragunier said she was sentencing Smith to 18 months on count two, second-degree assault, but she would suspend all but 60 days of that sentence. She also sentenced him to an additional 18 months for theft under $1,000, but suspended all of that time concurrent to count two. She placed him on five years of supervised probation upon his release.
Contact Joseph Norris at joe.norris@thebaynet.com
