Man who admitted shooting at fleeing car in Upper Darby gets 6-12 years in prison
A Secane man who previously pleaded guilty to attempted murder and aggravated assault for a January shooting was sentenced to 6 to 12 years in state prison.
Michael S. Jordan, 27, had also entered open guilty pleas in September to charges of possession of a firearm without a license and reckless endangerment before Common Pleas Court Judge Margaret Amoroso in the Jan. 17 shooting in Upper Darby.
Assistant District Attorney Shuaiyb Newton said Jordan had previously rejected an offer of 6 to 12 years under a negotiated plea. He told the judge Monday that the defendant was a “true zero” in terms of prior contacts with law enforcement, and was somewhat boggled by the facts of the case.
Jordan was initially charged with three counts each of attempted murder, reckless endangerment and terroristic threats, as well as nine counts of simple assault, six counts of aggravated assault and one count of firearms not to be carried without a license.
He entered into a negotiated waiver of his preliminary hearing in February, where Assistant District Attorney Danielle Kitzinger said two counts of attempted murder and four counts of making terroristic threats were being withdrawn, contingent upon a non-trial disposition.
Newton said Monday that the confrontation began when a Nissan Acura driven by the victim and a Toyota Camry driven by Jordan arrived at two parking spaces in front of the Spring Mart at 600 South Ave. at roughly the same time.
There was a near collision of doors as the Acura driver and Camry passenger attempted to exit their respective vehicles, leading to a short verbal confrontation. Jordan, the Toyota driver, was initially trying to defuse the situation between his siblings in his car and the occupants of the other vehicle.
The confrontation continued inside the store, however, and eventually back outside, where a passenger in the Acura made a remark to Jordan’s sister. It was at that point, Newton said, that Jordan pulled out a handgun and fired at the Nissan’s tire as it began to reverse out of the parking space, then raised the gun and fired several more times into the passenger compartment.
Those following shots were at head, neck and chest height, Newton noted. The shot at the tire maybe could be an aggravated assault, he said, but at that point Jordan was putting not just the Nissan’s occupants in danger, but everyone else in the area.
He argued that there was no danger to Jordan at the time he fired and that the victims were already leaving. It was only by the grace of God that no one in this case was killed, Newton said.
Newtown presented a video that captured the entire interaction, as well as pictures of damage to the victim’s car, including bullet holes in the driver’s side windshield and driver’s side door.
The victim struck another vehicle as he attempted to reverse out of the lot away from the gunfire, causing significant damage to his vehicle. Jordan fled in his Camry and was later identified by police.
“When you point a gun at a car and fire it several times, you’re attempting to kill someone,” Newton said. “Guns don’t put fear in people’s hearts because you’re scared that they’re painful. No one thinks you point a gun at me, you’re going to hurt me really bad. The first thing that comes to mind is, ‘I’m about to die.’ ”
Newton noted the 6 to 12 year offer the commonwealth originally extended was already about six months lower than the fully mitigated range in sentencing guidelines for attempted murder and urged the judge not to go any lower than that.
Courtroom wrap
Defense counsel Gregory Pagano said the guideline sentencing ranges are really only that: guidelines.
He argued that these charges are serious, but so radically out of character for his client that he deserved a sentence below the mitigated range.
Pagano said Jordan only acted out after suffering continuous provocation from the victims, known troublemakers in their own rights, according to police bodycam, who had also fled and were not present for sentencing.
Amoroso also heard from Jordan’s family, who described him as kind, compassionate, always willing to volunteer his time and energy for the Philadelphia School District where he worked or to help out another disadvantaged family.
His father said he had always told Jordan to protect his siblings and his girlfriend said he was the only thing that got her through post-partum depression after their 1-year-old child was born.
“I know the things I did that night wasn’t right. I know I made mistakes and I’m sorry for that,” Jordan said. “I know this could have been a lot worse, like the DA said. I could have been here for more severe charges. I’m not saying I’m right. I’m not saying anything like that. I know I was wrong. I was just trying to protect my family, like I was always taught.”
The judge said she believed Jordan was sorry for his actions, but added that she has seen too much bloodshed by guns and that at some point, you simply have to walk away rather than drawing down on someone.
It was only on behalf of the girlfriend and child that Amoroso said she was willing to go as low as the 6 to 12 for the attempted murder charge, but she could not get past the video and damage she saw to the other vehicle. All other charges were run concurrently.
Jordan was also ordered to forfeit the firearm, provide a DNA sample to state police and undergo one year or re-entry supervision if he serves his sentence in full. He was given credit for time served since Jan. 24.
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