A gunman involved in a shooting outside a downtown Vancouver nightclub in March 2014 was sentenced Thursday to nearly 13 years in prison — a shorter sentence than what was previously agreed upon.
In an agreement with prosecutors, Darryl E. Humphrey Jr., 22, of Portland, pleaded guilty to charges of second-degree attempted murder and second-degree assault in Clark County Superior Court on Feb. 5. He originally faced first-degree attempted murder and first-degree assault charges.
Prior to sentencing, the parties had agreed Humphrey would serve about 14 years in prison, but Judge David Gregerson shaved off a little more than a year from the sentence based on several factors.
Humphrey shot bystander Jabril Brandon in the left foot early March 13, 2014, as Brandon was trying to leave the scene of a confrontation outside of the Q Nightclub & Lounge at Main and East Seventh streets. Humphrey had been brandishing a small-caliber handgun.
Vancouver police responded to the scene and shot Humphrey in the right hip after he refused to put down his weapon.
On Thursday, the court heard a summary of events from Clark County sheriff’s Detective Fred Neiman, who led the investigation.
Brandon, whose age and residence were not listed, said he had been with his brothers and friends outside the Q Nightclub & Lounge when a fight broke out among other clubgoers. His brother tried to break up the fight and was attacked near Main and East Seventh streets, according to a probable cause affidavit filed in Superior Court.
When he tried to help his brother, he said he was confronted by a gunman. Brandon attempted to leave, but as he crossed the street near the northeast corner of the intersection, he said he heard a gunshot and felt pain in his left foot. He then heard a couple of more shots and tried to flee, Neiman read from his report.
Police, who were already on scene, said they heard the gunshot at about 1:20 a.m.
Humphrey told police he wasn’t involved in any altercations at the club. He said he fired at Brandon because he had aggressively gestured at him, court records said.
Deputy Prosecutor James Smith said Humphrey was believed to either be a gang member or associate during the time of the incident.
His defense attorney, Jack Peterson, said his client “admittedly made a horrible mistake” but is not in a gang.
Peterson argued that Humphrey was not trying to kill Brandon and that the only reason he agreed to take the plea deal is because he did aim the gun at Brandon. He said the other gunshots were warning shots.
He also highlighted findings in a presentence investigation completed by a Department of Corrections officer. The officer wrote that Humphrey is “highly immature” and has “lots to learn” and recommended a lower-end prison sentence. Humphrey had no other felony criminal history prior to the incident.
“This is an extremely, quickly escalating confrontation,” Peterson said. “The worst decision he ever made was to bring a firearm to that nightclub.”
Humphrey agreed things went too far.
“Your honor, I do understand the seriousness of the case and what happened that night; that’s why I signed to 170 months,” he said. “I ask for a second chance to Jabril Brandon and Clark County as a whole. If I could, I would take it back, but it doesn’t work like that.”
Gregerson told Humphrey he was extremely lucky to be alive given the circumstances. “I would guess this is the worst decision you have ever made,” he added.
He ordered Humphrey to serve a total of 155 months in prison.
Gregerson then brought up Humphrey’s 3-year-old son. “By the time you get out, you’re going to be a different person, and he’s going to be a different person,” he said. “No matter what mistakes you’ve made, you can still turn it around.”
Smith said after the hearing that he thinks Humphrey’s sentence reflects the severity of the crimes.
“Obviously, I would have liked to see a higher sentence, but I think the judge took all facts into consideration,” he said.
Jessica Prokop: 360-735-4551; jessica.prokop@columbian.com; twitter.com/JProkop16
