US Attorney for DC Takes Flak at ANC Public Safety Committee Meeting

US Attorney for DC Graves Takes Flak at ANC Public Safety Committee Meeting

by Larry Janezich

Posted April 27, 2023

US Attorney for DC Matthew Graves visited ANC6B’s Public Safety Committee (PSC) Wednesday night.  The meeting, chaired by Resident Member Lisa Matsumoto, was hybrid – both in person and viewable online.  Graves was invited to give a presentation on the role his office plays in prosecuting crime in the District. 

Graves appeared earlier this month at the MPD 1st District Community Advisory Council for a similar presentation. An attendee at that meeting had asked him if he would bring his suggestions for tweaking current legislation to the Wednesday night PSC meeting.  As a result, Graves appeared before the ANC with the latest crime data and a list of recommendations for amendments to the Youth Rehabilitation Act and the Second Look Act.  

Graves presented an avalanche of recent data on crime trends:

• A city-wide 24% decline in the number of violent crimes this year to date compared to last year to date. (chart below)
• A 58% increase in federal prosecution of federal crimes in FY 2022 and FY 2003. (chart below)
• A steady increase in the number of arrests and charging of serious felonies over the past three years. (chart below)

He explained why there is a disparity between the number of arrests and the number of prosecutions, adding that almost all violent crimes are prosecuted.  Among the reasons prosecutors decline to pursue a conviction:

• DC is an outlier in jurisdictions which require arrests in cases of all domestic violence, few of which are prosecuted.
• Many arrests for misdemeanors are not prosecuted because it’s not warranted.
• Constitutionality issues. (Probably this means that incriminating evidence would not be allowed in trial because it was not obtained properly.)

Much of the discussion involved the proliferation of guns and the increase in numbers of gun-related offenses.  Graves said that prior to 2022, the high point in MPD recovery of illegal guns was 2,300 in a year.  In 2022 and 2023, MPD recovered about 3100 guns each year.  Roughly 450 to 500 of these (20%) were untraceable ghost guns assembled from kits at home. (In 2018, only 25 ghost guns were recovered.)  He said manufactured guns come from legal purchases in VA and MD and along the I-95 corridor all the way to Georgia where purchase of guns is easy. 

Following the lengthy presentation, the discussion turned to changes in current legislation the Office of the US Attorney General for DC would like to see.  Graves said that his office supports both the Youth Rehabilitation Act and the Second Look Act, but each contained language with consequences his office thinks the Council did not intend.  He listed the following recommendations: 

The Youth Rehabilitation Act (YRA): (see illustration below)

• Limit YRA provision expunging the record for those under 25 to one occasion per offender rather than multiple instances of granting relief under YRA.
• Make a mandatory minimum applicable in carjacking cases – most of which are committed by juveniles – rather than the no mandatory minimum for juveniles under current law.

The Second Look Act: (see illustration below)

• Allow the courts to fully consider the nature of offense when applying relief in sentencing under the Second Look Act.
• Require the court to assess rehabilitation and whether remorse has been demonstrated.
• Require the court to consider a community impact statement if provided.
• Make sure released inmates are supervised in the community rather than granted relief from parole under the Second Look Act. 

In the Q&A period following his presentation, Graves ran into tough and critical questioning on how these proposed amendments would work to reduce crime in the community and whether resources would be better devoted to determining the source of firearms and stopping the flow of guns.   The criticisms were raised by Public Safety Committee alternate resident member Jody Kent Lavy.  Lavy is a senior fellow at the Campaign for the Fair Sentencing of Youth and has deep roots in criminal justice system including work for the ACLU. 

Much of the nearly hour-long Q&A was concerned with the proposed amendments, with participation of members of the audience affiliated with community organizations involved with addressing criminal justice such as Credible Messengers and Violence Interrupters.  After the meeting, one commissioner expressed surprise at the presence in the PSC audience of this community criminal justice contingent.   

Graves concluded by reminding the audience that he had been asked to make recommendations regarding what could be done legislatively to amend portions of the Secure DC Act to further the public safety goals of his office.  He said that his suggestions were meant to address the “unintended consequences of reform,” and that it was not the “end-all be-all” but “it is the right thing to do.”  Graves added that “part of the equation is busting the myth which has grown in recent years that there are no consequencs for anything, particularly if you’re a juvenile.”  He called the proposals “modest measures” and added, “We’re doing all these other things as well” – referring to his office’s “robust community relations division. “

The meeting – which ran well over its scheduled time limit, ended somewhat abruptly with a thank you to Graves.  The video feed ended before a formal motion to adjourn was made.