Keith Washington left a Maryland prison on June 23 and reunited with his wife and daughters after more than 13 years apart. His release comes about a month after a judge agreed to reduce Washington’s excessive original sentence.

Washington, an Army veteran, A former Prince George’s County police officer and homeland security official for 17 years, was convicted in 2008 of involuntary manslaughter following an incident in his home. Despite the overwhelming evidence that he was acting in defense of himself and his family, he was sentenced to 45 years in prison.

With support from prosecutors for a reduced sentence, Washington will now be able to celebrate his 60th birthday with his family and friends.

“It feels like I can finally breathe after holding my breath for 13 years,” said Stacey Washington, Keith’s wife.

The arrest of Keith A. Washington, now 59, attracted intense attention not only because he was a police officer and high-ranking government official, but also because he was closely linked to Jack B. Johnson, then the Prince George’s county executive and prior state’s attorney, who later went to prison for corruption. Prosecutors argued during trial that Washington opened fire on two deliverymen from Marlo Furniture during an argument. Washington contended he fired in self-defense, saying the men attacked him on the upper floor of his home in Accokeek, Md., after he discovered one in a bedroom unconnected to the delivery, while his wife and 6-year-old daughter were downstairs.

Brandon Clark, 22, later died. The other man, Robert White, 37, survived his wounds. The students in the Georgetown class “Making an Exoneree,” taught by lawyers Marc Howard and Martin Tankleff, dug into the case and found evidence that they said bolstered Washington’s claim of self-defense. While Washington’s manslaughter conviction stands, a special prosecutor in Prince George’s said he looked at the students’ research as part of a review of whether the punishment was excessive.

Soon after the incident, then-State’s Attorney Glenn F. Ivey obtained indictments charging Washington, then 45, with second-degree murder, attempted second-degree murder and multiple other felony charges. The trial hinged largely on the testimony of White, who said Washington repeatedly cursed him and Clark before shooting them, supposedly enraged over faulty bed railings and their late delivery. He said Washington started firing from a distance of six to eight feet, while Washington said it happened at close range during a scuffle. A jury in February 2008 acquitted Washington of the murder charges but convicted him of involuntary manslaughter, two assault counts and two firearms counts.

And though state sentencing guidelines called for a range of five to 20 years, Prince George’s Circuit Court Judge Michael P. Whalen ran the various sentences consecutively for a term of 45 years. At the sentencing, Washington turned to Clark’s mother and said, “I did not murder your son.” He added, “I feel your pain. No parent should ever have to bury a child. … I don’t want you to go away thinking some monster shot your son and is indifferent to his death.”

Washington continued to maintain that he had acted in self-defense, but his appeals were rejected. Recently, several developments coalesced in Washington’s favor. One, criminal justice reformers pointed to the heavy sentences being served by people who were no longer a threat to society, and reform-minded prosecutors around the country such as Aisha Braveboy (D), elected the Prince George’s state’s attorney in 2018, began reviewing them and in some cases agreeing to defense motions for sentence reductions.

Second, Howard and Tankleff, himself an exoneree for a murder he didn’t commit, launched their “Making an Exoneree” undergraduate class at Georgetown in 2018. Washington’s is the third case the class has seen success with, though Washington was not exonerated. Each spring semester, the 15-student class divides up five cases to investigate. Publicity about the class led a friend of Washington’s to suggest they take on his case, Howard said.

“We found it completely outrageous he was even convicted,” Howard said. “But to receive a 45-year sentence for involuntary manslaughter? I’ve never heard of that. This is egregious.”

The students assigned to Washington’s case, Josh Rosson, Trevor O’Connor and Céline Berdous, consulted former District medical examiner Jonathan Arden who told them that the gun shots had been fired at close range. They gathered statements from witnesses who said Washington appeared to have been in a fight, though the trial judge disbelieved that. The students made a documentary film about the case.

“We wanted to make sure this was a fair and transparent process,” Abbott said. “When you look at everything … the sentence was disproportionate. That was what caused us to look at it.”

“The research that was done by the Georgetown students was quite extensive,” Tucker said at a recent hearing, “and did at least provide some guidance as to where the issues were.”

Ivey said Friday he was fine with the current prosecutor reconsidering the case. “Keith Washington was sentenced to twice as much jail time as Derek Chauvin,” the Minneapolis police officer given a 22½ year term Friday for second-degree murder. “He served 13 years, and the judge and the prosecutor agreed that he has paid his debt to society and deserves a second chance. I have no reason to second-guess their decision.”

Making an Exoneree

Keith Washington’s story was the subject of a 2020 Making an Exoneree investigation and short documentary by Georgetown students Josh Rosson, Céline Berdous, and Trevor O’Connor. Through research and extensive interviews, they advocated for Washington’s release.

“We’re so relieved and happy that Keith is back with his family where he belongs,” Howard said. “The resentencing agreement, which was supported by the prosecution, shows it was well past time for Keith to come home.”

Howard, fellow Making an Exoneree professor Marty Tankleff, and their former students attended the May 14 virtual hearing that reduced Washington’s sentence to 20 years, effectively resulting time served. The judge and both attorneys commended the students’ thorough investigative work as informative in shaping the agreement that allowed for Keith Washington’s release.

Keith and Stacey Washington thanked the office of the Prince George’s County State’s Attorney for supporting a sentence reduction in his case and, more broadly, for their work in criminal justice and sentencing reform. They also acknowledged the Georgetown team for their efforts on Washington’s behalf.

“I can’t say enough about the students and professors,” Keith Washington said. “My family and I will forever be grateful to Georgetown.”

Looking ahead to what’s next, Washington said he’ll keep working to have his conviction overturned.

“It feels liberating to be home, but justice still has not been done in this case,” he said.

For now, he’ll spend time with his family and make up for the time that he missed.

“I’m looking forward to Keith interacting with and building the relationship with his daughters again. It’s been 13 years, and his youngest was just 7 when he was convicted; she’s 21 now, so they have a lot of catching up to do,” Stacey Washington said. “And just living and thriving as a family.”

Washington also said he looks forward to eating home cooked meals, walking barefoot in the grass, and visiting the grave of his mother, who passed away while he was incarcerated.

“And who knows, maybe I’ll go to law school,” he added.

www.oneinnocentman.org

www.prisonsandjustice.georgetown.edu