Felon who killed DC cyclist attempts to vacate plea deal.

Submitted by [deleted] t3_123tnlr in washingtondc

In early 2019 Dave Salovesh was killed by Robert Earl Little Jr., a serial felon who was fleeing from police in a stolen van while out of prison awaiting trial for other crimes, including violent crimes. Prior reporting indicates that after striking Salovesh, rather than stopping Little continued driving at a high rate of speed until he crashed into a tree, pinning and killing the cyclist. On facts that could have supported a greater charge, Little pled down to voluntary manslaughter and was sentenced to 8 years in prison.

Little, who is eligible for release to home detention in October 2026, is now attempting to back out of his plea deal. Court filings show that Little believes the 8 years he is serving for killing Salovesh should get a haircut for the additional 11 months he’s supposed to serve for some of those other crimes. He filed a motion in mid-December to have his guilty plea and sentence vacated.

As far as I can tell no press or DC bike advocacy organization has reported on Little’s attempt to renegotiate the terms of his incarceration. The government’s response is due in mid-April.

See link: https://eaccess.dccourts.gov/eaccess/search.page.3.1?x=9ZErvYwqMHydsPxKPTvEc9DVZRUx5cSFA4iMmB8k4zQJIciWUt3FUnrCdF9kNjrCa7mH0OfZWOUs31L2VUAxDA

Nota bene: Reposting this because a prior posting was removed for violating the “editorialized headlines” policy. This version should not, as it is written flatly and, as no one else has reported on this matter, does not rely on any underlying headline.

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isawafit t1_jdweoju wrote

DCWitness 2019 coverage

"Judge Iscoe said he was moved by the more than 40 victims impact letters from Salovesh’s friends and family. The letters contained testimonies to how gregarious,intelligent, and impactful the 54-year-old was, the judge said.  

“This is one of the most painful sentencings I have ever experienced,” he said.

Judge Iscoe agreed to the terms of the plea deal and sentenced Little to 8 and a half  years in prison for voluntary manslaughter with five years of supervised release. In addition, he ordered that Little participate in drug testing and drug treatment. 

According  to court documents,  Little was going 76mph down Florida Avenue, NE in a stolen van attempting to evade police. He then struck another car at a red light and propelled into Salovesh who was waiting at the light on his bicycle. There were also traces of PCP found in his blood."

Already got it easier than deserved.

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Superb_Distance_9190 t1_jdwhaxw wrote

What a wimpy ass judge

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hiredgoon t1_jdxznms wrote

>going 76mph down Florida Avenue, NE in a stolen van attempting to evade police... struck another car at a red light and propelled into Salovesh... traces of PCP found in his blood

This judge should be investigated.

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MyTornArsehole t1_jdwlsid wrote

My favorite part of the article is "Included in Judge Iscoe sentence is that upon release, Robert Earl Little Jr. will receive a new car of his choice and full restoration of license."

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of_the_mountain t1_jdwmo2b wrote

Wait why does someone who killed someone with a car while high on drugs and actively running from the cops get his license restored and a free car? Less than 8 years later?

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robotnique t1_jdx615x wrote

/u/MyTornArsehole is pulling the collective leg of people who aren't reading the article

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of_the_mountain t1_jdx6efa wrote

Hey at this point I am willing to believe anything about the justice system in DC. Especially the license being restored

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RaelynShaw t1_jdwsmsn wrote

How is he not in prison for 20+???

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EastoftheCap t1_jdwh0ux wrote

If you are a volant criminal looking to do less than eight years for a reckless killing, DC's the best place for them to be.

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thatgeekinit t1_jdwzufi wrote

DC is actually quite tough on reckless and drunk driving. I know people who got a first offense in DC that were much tougher on them than people who got a 2nd offense in VA. His lawyer told him not to even bother attending the DMV hearing in DC because the 1y suspension was a 99% certainty.

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Tahh t1_jdxgt2x wrote

If you are anyone who wants to commit murder and get away with no repercussions whatsoever, far less than anything you will get in the DMV if caught, go to a stand your ground state.

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phearlez t1_jdybk77 wrote

Or just use a car in basically any state.

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Dapper-Print9016 t1_jealx4g wrote

This feels like a shot at Rittenhouse, in which case logic would dictate one points out how every state has a "back against the wall" absolute self-defense rule, and being chased, or being beaten on the ground, would count as being against the wall.

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Tahh t1_jebvf4u wrote

I completely forgot about that douche. I was more thinking of Zimmerman and how in certain places and with certain people a jury will just "take your word for it" if you say you acted in self defense. You don't need to claim stand your ground even, the culture in those states is enough.

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keyjan t1_jdx0wmu wrote

why do I have a feeling this guy has not seen the error of his ways?

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thatgeekinit t1_jdx1esl wrote

Sounds like he is just a felon with time on his hands filing pro se motions.

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[deleted] OP t1_jdx274k wrote

His first motion to reopen the case was exactly that. But he’s since been able to have a PD attached to the motion and then to file a more comprehensive request. So rather than it being immediately struck down the government has been directed to respond.

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Feisty_Law_3321 t1_jdwvdo6 wrote

There is something seriously wrong with the DC judicial system.

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roknfunkapotomus t1_jdx51ts wrote

I don't disagree with you, but it was the AUSA that offered the deal he took

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Deanocracy t1_jdxhobd wrote

Which is the DC judicial system

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CrownStarr t1_jdxn03p wrote

AUSA = Assistant United States Attorney = DOJ (aka federal) employee

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Deanocracy t1_jdxobsj wrote

And the prosecutors in the DC Judicial system.

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CrownStarr t1_jdxwdym wrote

Sure, but an AUSA is not the DC judicial system. That was what you responded to.

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Deanocracy t1_jdxwtin wrote

Unless you are saying the justice system that serves DC is not the DC judicial system… you are incorrect

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Brickleberried t1_jdxducc wrote

Why is this specifically an example of it? Nothing has been granted yet.

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Deanocracy t1_jdxhsqf wrote

The repeat violent offense guy who reckless kills someone and gets 8 years in prison part.

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Feisty_Law_3321 t1_jdzr3vf wrote

You’d think that would be obvious, but then again we’re in DC so maybe not.

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Most_kinds_of_Dirt t1_jdwzn25 wrote

Why? This guy committed a crime and was sentenced. That's the system working.

He can attempt to vacate the plea deal if he wants, but no judge has to grant his request.

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Free_Dog_6837 t1_jdxrfri wrote

he wasn't sentenced to life without parole

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Salami2000 t1_jdy3p5s wrote

You don't get life in prison for manslaughter.

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[deleted] OP t1_jdy5fhz wrote

But you sure can get that sentence for murder—which the facts of this case easily supported if the AUSA had been willing to fight harder. (1) Fleeing from the cops in a stolen car while high on PCP and violating probation is straightforwardly felony murder. (2) Continuing to drive, pedal to the floor, after you’ve hit someone and you drag them until you hit a tree, pinning and killing them, is plenty to support a murder charge directly.

The maximum penalty for the lesser charge—which I think is shameful to begin with—simply is not relevant. Even if it was, the maximum sentence for that charge was 25 years. How do you excuse Little getting only 8?

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Salami2000 t1_jdy6ivz wrote

Fleeing and being high do not get you to felony murder. Not at all. Certainly not "straightforwardly "

And maybe the facts on (2) can get you to murder, but that's going to be a difficult argument. Which is why there are plea deals, so someone doesn't go free because you couldn't prove your case.

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[deleted] OP t1_jdy9fl5 wrote

(1) Yes, they do get you felony murder. See the relevant statute… § 22–2101. Murder in the first degree — Purposeful killing; killing while perpetrating certain crimes. Whoever[…] kills another […]in perpetrating or attempting to perpetrate an offense punishable by imprisonment in the penitentiary, or […] in perpetrating or attempting to perpetrate a felony involving a controlled substance, is guilty of murder in the first degree. [edited for emphasis]

(2) I’m obviously familiar with the utility and purpose of a plea deal. I notice that you did not respond to the fact that he was allowed to plea to an incredibly low sentence when 25 years was on the table for the lesser charge.

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Salami2000 t1_jdybe85 wrote

What felony involving a controlled substance are you saying occurred?

1/3 of the maximum is not incredibly low. You're assuming manslaughter is the lesser charge when it's actually the only realistic charge. Getting 8 or 9 years for manslaughter is a pretty normal sentence.

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[deleted] OP t1_jdyfz2b wrote

The stolen van is a felony—which is sufficient in its own right for felony murder. The reckless driving while fleeing the officers constitutes a felony—which is sufficient in its own right for felony murder. Both of these felonies were also committed while the suspect was on PCP. Further, killing someone while driving under the influence of a schedule 1 narcotic is a third felony and, ipso facto, involves a controlled substance. Those are three separate avenues that enable a felony murder charge.

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Salami2000 t1_jdygx1r wrote

You literally posted the statute showing you need specific named felonies for felony murder. None of which occurred here.

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[deleted] OP t1_jdyii6d wrote

You clearly do not understand the operative effect of “COMMA OR” in that statute.

The first clause, “Perpetrating or attempting to perpetrate an offense punishable by imprisonment in the penitentiary” is met by all three felonious acts.

The second clause, which comes after an “or” and so is an alternative clause not a requirement of the first clause, says “in perpetrating or attempting to perpetrate a felony involving a controlled substance” is definitely met by the reckless driving high and killing someone felony and arguably by the other two felonies as well.

I would avoid the LSAT and law school if I were you.

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Salami2000 t1_jdyj71g wrote

You're quoting from the section on first degree murder, not felony murder.

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[deleted] OP t1_jdyjxjn wrote

What are you talking about? That is the section for both first degree murder and felony murder. Felony murder is a subset of first degree murder in DC and so it is defined in the same statute—the one I quoted—alongside the other forms of first degree murder.

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Salami2000 t1_jdyl5qt wrote

or without purpose to do so kills another in perpetrating or in attempting to perpetrate any arson, as defined in § 22-301 or § 22-302, first degree sexual abuse, first degree child sexual abuse, first degree cruelty to children, mayhem, robbery, or kidnaping, or in perpetrating or attempting to perpetrate any housebreaking while armed with or using a dangerous weapon, or in perpetrating or attempting to perpetrate a felony involving a controlled substance, is guilty of murder in the first degree.

Is the only relevant part.

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[deleted] OP t1_jdylvdr wrote

You seem to genuinely lack the processing power to correctly parse that statute. Good luck in life, friend, and play to your strengths, whatever they may be.

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Salami2000 t1_je0jwu6 wrote

Because I'm a glutton for punishment, and because you seem to have convinced 3 other illiterates that what you are saying makes sense, I'll try one more time.

The first part of that statute discusses traditional first degree murder. Only the part I quoted above is about felony murder. The big thing that should clue you in, is that second part starts with "or without any purpose to do so." Anything before that requires intent to kill. Felony murder is specifically about situations where someone did not intend to kill, so the part about intending to kill would not apply.

Only the specific named felonies in the second part can get you to felony murder. The other clue here, is that it would not make sense to say any felony applies, and then name specific felonies. Obviously these must be for separate things. Why do you think they're naming specific felonies?

I am using very small words, this should be easy.

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MyGovThrowaway t1_je0m8xp wrote

The first clause you quote is dependent on the killing being purposeful. Intentionally killing someone during the commission of another felony elevates the charge to murder one. The second half deals with the conditions under which unintentional homicide can be elevated to murder one. FWIW, were it a crim law exam, I think you could score points by calling it a purposeful murder via depraved heart, but that’s at common law, and I don’t believe DC has the equivalent.

That said, given the history of violent crimes, the concurrent felonies, etc, and that he dragged the victim before pinning him against the tree, I’m disappointed, but not surprised, that the AUSA didn’t either go for a longer sentence on the manslaughter charge or even try for murder two.

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gnucheese t1_jdya0bp wrote

In a stolen van. They fucking should. Committing felony activities resulting in the death of another is murder.

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Free_Dog_6837 t1_jdyr8u2 wrote

what he needs, at a minimum, is life without parole

anything less means the system is not working

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roknfunkapotomus t1_jdx4i70 wrote

For those of you interested in the case, I was curious and looked back through his charges to see what was going on with this. He is requesting a reduction in sentence because he thinks his plea deal (and that his lawyer said) his 2018 plea for possession of PCP would be served concurrently with his vehicular manslaughter plea.

Looking at the paperwork and plea deal he signed, those charges were filed separately and should be served separately. He seems to think (or that his lawyer at the time told him) that a statement on his plea deal that the government would not seek indictment or enhancement on remaining charges related to the manslaughter charge would apply to previous plea (which were separate cases).

TLDR: Dude has multiple plea-outs at multiple times for different charges, either his lawyer told him at the time or he thinks they were to be served concurrently rather than consecutively. Paperwork doesn't support that.

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literpu t1_jdx0530 wrote

I’m sorry this happened to your friend (I saw your previous post before it was removed). It must be painful to see that Little filed this motion. Based on the Judge’s comments at sentencing, it sounds extremely unlikely that his motion will be granted, though he of course has a right to ask.

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robotnique t1_jdx6a8h wrote

By all means, he should be able to vacate his plea and get slammed with a harsher sentence.

I'm not a fan of the carceral state, but this action screams of "I have neither learned anything nor have any remorse for my actions." Therefore I have no issue with him trying to back out of his deal and potentially getting slammed with many additional years.

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onceandfuturehippie t1_jdxvhdh wrote

Dave was a fantastic guy - he and I worked in the same building for a long time, and I also used to see him absolutely everywhere, including but not limited to towing his daughter’s bikes through the years. He never acted condescendingly towards women bikers, and just was incredibly welcoming.

I was heartbroken when this tragedy happened. Please tell me where to sign. I hope you also posted in r/bikedc; if not, please do.

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syfdemonlord t1_jdwzixv wrote

I'm sorry to hijack another post but Is there a good resource out there for DC bike advocacy?

I was a hit and run victim this year and I can't seem to get any good answers on how I can get my case moved from civil to criminal. A witness stopped the woman who hit me after she fled from the scene so the police have her info. She was uninsured and on expired tags and the only recourse MPD offered me was to attend her traffic court appearance??? I can't fathom why I can't get this moved into the criminal side of things. I get such mixed singles from the officer assigned to my case and the DC hit and run department.

It happened January 19 so is it too late anyways?

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[deleted] OP t1_jdx0rs1 wrote

https://waba.org/supporting-attorneys/

Though I’m sorry to say that I have never heard of anyone having luck getting a driver charged in similar circumstances. DC seems to have almost no one to advocate for strong justice for victims. And it’s certainly not going to spontaneously come from within our broken system.

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syfdemonlord t1_jdxeb6y wrote

I figured as much for the most part have come to terms with it. Thank you for the reply.

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TrillboBaggins t1_jdxprru wrote

Incarcerated man files motion to reduce his sentence. More at 11.

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RemoteGlobal335 t1_jdwt7hb wrote

Can we add more years for pulling this shit?

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[deleted] OP t1_jdwzlsl wrote

[deleted]

−4

[deleted] OP t1_jdx1sdx wrote

No, actually. If a judge allows a guilty plea to be withdrawn then the case can be recharged and tried. It’s not double jeopardy to reset the proceedings to where they were immediately before the plea was reached.

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brokenfuton t1_jdxquh5 wrote

I want him to have it retried and get 20+ years on top of what the original plea deal was. Make him sit in prison for decades regretting his choice to force the family and friends to go through the process again. Make sure he can’t harm anyone else with his reckless choices.

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RemoteGlobal335 t1_jdwzoxy wrote

My comment was angrily tongue in cheek

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arichnad t1_je1a4ud wrote

It doesn't need to be. He's literally asking for a trial, I think.

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shatabee4 t1_jdyf6sv wrote

It will be interesting to see what happens to the guy who killed the three people in the Rock Creek Parkway crash.

Shouldn't there be footage from the cop's bodycam when he was pulled over before the crash?

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sqfreak t1_jdy19y9 wrote

>Little, who is eligible for release to home detention in October 2026, is now attempting to back out of his plea deal. Court filings show that Little believes the 8 years he is serving for killing Salovesh should get a haircut for the additional 11 months he’s supposed to serve for some of those other crimes. He filed a motion in mid-December to have his guilty plea and sentence vacated.

The pro se motion he filed a year ago says he's just asking to be resentenced for the sentences (112 months on the manslaughter charge and 10 months on the violation of probation for possession of PCP) to run concurrent. Did the appointed lawyer broaden the request to vacate the plea in its entirely, or are you just basing it on the title of the Government's motion to extend time? I can't get CCO to show me the 23-110 motion filed by Mr. Clennon in December.

Also, for anyone who is looking on CCO for the case, it's 2019 CF1 005457.

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[deleted] OP t1_jdy4km9 wrote

To be clear, I already find the pro se motion highly objectionable—it’s not “just” anything in my eyes. This guy got extremely light sentences for his crimes, given the severity. And looking now to net your incarceration for killing a man against your incarceration for other crimes (which I recall involved PCP, resisting arrest and assault on an officer, and probation violation (relating to earlier drug and violent crimes, like the assault and domestic violence/sexual assault charges) isn’t right. He had the opportunity to understand his plea agreements when he signed them.

I’m also not yet able to get the full text of the December 14th filing by the new PD and am working off of the reference in the government’s motion to extend. He may only be trying to get a concurrent sentence. He may be trying to renege and renegotiate in full. I found the reference in the government’s response to the burdens they’re facing under the “Incarceration Reduction Amendments Act” to be troubling—though I don’t know much about this new law other than that you’re supposed to have been under 25 years of age and to have served 15 years before eligible for review. Given the significant press given to abuses under the Youth Rehabilitation Act (see the WaPo multi-part expose circa 2016), I don’t have any confidence that a leniency law might be improperly applied.

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jaco1001 t1_je0efu9 wrote

in any american city if you want to kill someone and get away with it, or only get slapped on the wrist, just do it with a car.

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1800TurdFerguson t1_jdx30gs wrote

I don’t think you can link directly to the document. When I click the link, it takes me back to the search field. You might want to throw it in Google Drive or something and share that way.

Is there anything we can do? Call the USAO’s office?

If he’s attempting to vacate his guilty plea, how does he not go back on trial for those charges?

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jisa t1_jdxj01h wrote

Let him withdraw his plea, try him for the greater charges, and if convicted, push for the max.

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1654monroe t1_je6n0j3 wrote

Washington Post reported Interested in learning more. Can you email me? Justin.moyer@washpost.com

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thinkfirstyo t1_jdyq08j wrote

Keep him locked up and throw away the key

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Party-Cloud2164 t1_jdwjouv wrote

It’d be a real shame if something happened to this guy after he got out

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osmumten_faang t1_jdxxspp wrote

Killing someone and only spending 8 years in prison. An absolute travesty of justice.

These worthless piles of shit should be tried, found guilty and given the death penalty.

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sushi69 t1_jdzxthw wrote

Unpopular opinion: I’ve been cycling for over a decade, and while I sympathize for the cyclist, I can also believe that this man is rehabilitated and I don’t know if an additional 11 months of punishment (from rejecting the motion to vacate) does more than the potential positive effects of him seeing goodwill through vacation of the sentence.

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arichnad t1_je1bjd3 wrote

> believe that this man is rehabilitated

What do you base this on? I'd like to agree, but this all happened four years ago.

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sushi69 t1_je1dt02 wrote

I'm not sure it's true, but I can believe it.

If he's rehabilitated after 4 years, then he could be eligible for early release. If he's not, 11 more months ain't gonna do it.

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arichnad t1_je1h40z wrote

Before you said you believed he was rehabilitated now you say it doesn't matter if he is or not. While I think both are fine positions, you have changed your argument.

I agree 11 months won't help his chances for rehabilitation, but he's literally a violent felon who will possibly reoffend: those 11 months are important for people (literally) on the street.

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sushi69 t1_je3jsd2 wrote

I didn't say he was rehabilitated, I don't even know him. Sorry for the confusion.

What I meant is that I can believe someone would be rehabilitated after years in jail, and I can believe others wouldn't. But after serving years in prison you've either learned your lesson or you haven't, and 11 more months wouldn't change it as you agreed.

And let's be real, sending people to prison isn't rehabilitative nor does it really protect the public when there is an endless number of crazy people out.

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arichnad t1_je78pam wrote

> isn't rehabilitative nor does it really protect the public

What is the point, then? I don't think it is a deterrent except in rare nonviolent cases, and it shouldn't be a form of revenge. I feel like protecting the public is the real reason jail/prison should exist. Thank you for your comment, I appreciate it.

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sushi69 t1_je7ydbc wrote

Thank you, for having a conversation about it!

I think in the case of those totally depraved (mass murder, child abuse, repeat murder, etc) then sentencing them for life could be a way to protect the public.

I think if people are a physical threat to others then they also should be locked up but I'm not sure about what the right duration is. I don't know that "sentencing guidelines" are really that effective considering how high recidivism is. I think the justice system focuses more on penalizing than on rehabilitation.

These are just my random thoughts, so thanks for listening. I don't have all the answers but I know that the public seems to think that anyone who commits any crime is a waste of a person and can just be locked away forever, and that they are morally corrupt and unfixable or something like that. "They would do something bad, and I would never do such a thing", "they're a bad person and I'm a good one", etc. We all justify the rules we break and things we do that are wrong but judge others for what they do.

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GhostDawg01 t1_jdxhuqs wrote

I'm against capital punishment but DC needs the death penalty. Too many assholes with no regard for life except their own.

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CrownStarr t1_jdxn92a wrote

Look, this guy is an awful human being but if you’re “Against capital punishment except for people I really really hate”, then you’re not against capital punishment.

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GhostDawg01 t1_jdyg7up wrote

Don't tell me what I'm for or against, okay! I'm (unlike you) a 50 year resident of this city. I've seen a lot of changes in my time. One thing that hasn't changed is criminals getting a slap on the wrist for heinous crimes. I mean where's the deterrent? Something's got to give.

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twenty-six-sixty-six t1_jdxpheo wrote

i'm a cyclist, but i don't believe in lobbying for people to receive higher sentences. it violates my ethics

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[deleted] OP t1_jdxsei2 wrote

The victim’s wife, daughter, and the 40+ other people who submitted statements regarding sentencing pleaded with the court for the maximum 25 year sentence. Instead they got this travesty. https://dcwitness.org/bikers-family-asks-for-harsher-sentence/

So I don’t particularly care about, nor do I really respect, your feelings. Doubly so because the word you were looking for was “morals” not “ethics.”

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twenty-six-sixty-six t1_jdxsyrw wrote

it's part of my ethics that people don't have to respect me, so i don't mind what you said

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[deleted] OP t1_jdxtvyn wrote

That’s a genuinely great outlook on life. I suspect that you’re going to get tremendous utility out of it.

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[deleted] OP t1_jdx0fjo wrote

[deleted]

−13

[deleted] OP t1_jdx179e wrote

Sorry, but you can’t lay this at MPD’s feet. Reporting and court documents were clear that MPD did not give chase when he fled.

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Most_kinds_of_Dirt t1_jdx76rk wrote

Sorry, I was basing my comment on your description that "Little was going 76mph down Florida Avenue, NE in a stolen van attempting to evade police", which I interpreted as meaning that police were chasing him. I'll remove my other comment above.

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[deleted] OP t1_jdxcipe wrote

No worries, mate. The politics and policies of high-speed chases are certainly difficult. They just weren’t at play here.

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robotnique t1_jdx6w6h wrote

We'd need more information, I think. Police in DC have a pretty high bar for what merits a chase, and if he was armed & dangerous or something akin to that, imagine how the public would be crowing if they let him go and he then injured or killed somebody. Catch-22.

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