Date: 09-12-2024

Case Style:

United States of America v. Terence D. Sutton Jr.; Andrew Zabavsky

Case Number:

Judge: Paul L. Friedman

Court: The United States District Court for the District of Columbia

Plaintiff's Attorney: The United States Attorney’s Office for Washington, D.C.

Defendant's Attorney:

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Description:

Washington, D.C. criminal defense lawyer represented the Defendants charged with an unauthorized police pursuit that ended in a collision on Oct. 23, 2020, that caused the death of Karon Hylton-Brown
Two MPD Officers Sentenced for 2020 Murder of Karon Hylton-Brown and Subsequent Coverup

erence D. Sutton Jr., 40, a Fourth District police officer, was sentenced today to 66 months in prison and Andrew Zabavsky, 56, an MPD lieutenant, was sentenced to 48 months in prison, in connection with an unauthorized police pursuit that ended in a collision on Oct. 23, 2020, that caused the death of Karon Hylton-Brown, 20, in Northwest Washington D.C. The sentencing was announced by U.S. Attorney Matthew M. Graves and FBI Acting Special Agent in Charge David Geist of the Washington Field Office.

Sutton was found guilty beyond a reasonable doubt by a unanimous federal jury on December 21, 2022, following a nine-week trial, of second-degree murder, conspiracy to obstruct, and obstruction of justice. The same jury found Zabavsky guilty of conspiracy to obstruct and obstruction of justice. In addition to the prison terms, U.S. District Court Judge Paul L. Friedman ordered each defendant to serve three years of supervised release.

“The jury in this case found the defendants guilty beyond a reasonable doubt for their roles in the murder of Karon Hylton Brown and a related cover up, affirming that what happened here was a serious crime,” said U.S. Attorney Matthew M. Graves. “Public safety requires public trust. Crimes like this erode that trust and are a disservice to the community and the thousands of officers who work incredibly hard, within the bounds of the Constitution, to keep us safe.”

“The FBI follows the rule of law and works to hold those accountable who violate the law, no matter who they are,” said FBI Acting Special Agent in Charge Geist. “The community and fellow law enforcement officers deserve trusted officers that do not abuse their positions of trust and power or put the public at risk. Today’s sentencings show the weight of the crimes and the significance of the criminal justice system and processes at work.”

The jury found that Sutton caused Mr. Hylton-Brown’s death by driving a police vehicle in conscious disregard for an extreme risk of death or serious bodily injury to Mr. Hylton-Brown. The jury further found that Sutton and Zabavsky conspired to hide from MPD officials the circumstances of the traffic crash leading to Mr. Hylton-Brown’s death, thereby obstructing justice.

As the evidence at trial showed, at the time of the offense, Sutton was assigned to the Crime Suppression Team in MPD’s Fourth Police District. Zabavsky supervised the Fourth Police District’s Crime Suppression Team officers, including Sutton. At about 10 p.m. on Friday, Oct. 23, 2020, officers observed Mr. Hylton-Brown, 20, driving a moped, helmetless, on a sidewalk in the Brightwood Park area of Northwest Washington. Mr. Hylton-Brown, who was unarmed, ignored Sutton’s attempt to stop him and drove off. Sutton then began chasing Mr. Hylton-Brown on neighborhood streets for minutes, over more than 10 blocks, at unreasonable speeds, and at one point proceeding the wrong way up a one-way street. In the pursuit’s final moments, Sutton followed Mr. Hylton-Brown into a narrow alley, turned off his car’s emergency lights and siren, and accelerated behind the moped. When Mr. Hylton-Brown reached the street at the mouth of the alley, he was struck by an uninvolved oncoming motorist. As Mr. Hylton-Brown lay unconscious in the street in a pool of his own blood, Sutton and Zabavsky, agreed to cover up what Sutton had done to prevent any further investigation of the incident.

Neither Sutton, as the lead officer at the scene, nor Zabavsky, the ranking MPD official, preserved the crash scene for investigators; they allowed the driver of the car that struck Hylton-Brown to leave the scene within 20 minutes of the crash. They then turned off their own body worn cameras, conferred privately, and left. Zabavsky designated no other MPD official to supervise the scene upon his own departure. Sutton further compromised the integrity of the crash scene by driving his MPD car directly over the crash site, audibly crushing pieces of debris from the collision as he left. At no point did either defendant contact MPD’s Major Crash Unit (MCU) or its Internal Affairs Division (IAD) to initiate an investigation by those units.

Sutton and Zabavsky continued the cover up back at the police station. First, they misled their commanding officer about the nature of the incident by substantially downplaying its seriousness, denying that a police chase had even occurred, and omitting any mention of Mr. Hylton-Brown’s critical injuries. Zabavsky also falsely implied that Mr. Hylton-Brown had been a drunk driver. Both defendants also hid their direct involvement in the incident, thereby avoiding the assignment of other, uninvolved MPD officials to investigate what had happened. Sutton drafted a police report that memorialized a false narrative of the incident. Despite video evidence to the contrary, his false narrative gave the impression that no police pursuit had occurred, that officers had lost sight of Mr. Hylton-Brown and were engaged in a “canvass” of him in the area until shortly before the crash, and that the officers were wholly uninvolved with the fatal collision in any way. The defendant’s account also described Mr. Hylton Brown’s observable injuries only as “superficial abrasions on [his] left eyebrow line.”

Mr. Hylton-Brown, suffering from severe head trauma, died on Oct. 25, 2020.

This case was investigated by the Criminal Investigation and Intelligence Unit of the U.S. Attorney’s Office for the District of Columbia and the FBI’s Washington Field Office. The case is being prosecuted by the Public Corruption and Civil Rights Section of the U.S. Attorney’s Office for the District of Columbia.

Outcome:

Defendants were found guilty and ordered each defendant to serve three years of supervised release.

Plaintiff's Experts:

Defendant's Experts:

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