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Judge Park sentences non-fatal shooting defendant to more than three years in prison

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Washington Superior Court Judge Jason Park sentenced a defendant in a nonfatal shooting to 3 1/2 years in prison and three years of supervised release on June 28.

Brandon Yates, 31, pleaded guilty to assault with a dangerous weapon and carrying a pistol without a license on May 2. In exchange, the prosecution agreed not to pursue any further charges based on the facts of this case.

He was initially charged with assault with a dangerous weapon and possession of a firearm during a violent crime for his involvement in a non-fatal shooting March 12 in the 300 block of 37th Street, SE.

“A shooting in broad daylight in a residential building causes damage that goes beyond that caused to the victim himself,” argued the prosecutor. He asked Judge Park to sentence Yates to five years in prison, the maximum under sentencing guidelines.

Court documents say shell casings and a bullet fragment from the shooting were found inside the front door of an apartment building. One apartment, where a woman and her children lived, had a bullet hole in the wall. No one in the apartment was injured.

While Yates claimed he fired his firearm because of prior traumatic experiences that put him in danger, the prosecutor pointed out, Yates himself caused similar experiences for residents of the building.

“He didn't intend to set off the gun,” Yates' defense attorney Kevin Irving said. “As a father himself, he knows this could happen to his own child, and it makes him very upset.”

Irving requested a suspended sentence for Yates, arguing that Yates was the one who suffered the most from the shooting.

Court documents state that when police located Yates later that day, he had recently been shot in the groin. Yates told police there was another shooter, but the lack of any other blood at the scene indicated that no one other than Yates had been shot.

Before sentencing, Yates expressed remorse for his actions.

Judge Park noted that the prosecution and defence were seeking very different sentences and that both requests were based on strong reasons.

He said Yates had virtually no criminal history before the shooting.

“I accept the defence's argument that trauma was involved,” Judge Park said. “It is not possible that a 31-year-old man would act like this suddenly.”

Judge Park also said Yates' behavior during the incident was “as dangerous as it gets.” According to Judge Park, videos and witness testimony show Yates, gun raised, chasing a man who had his back turned to Yates.

No further dates have been set in this case.

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