Council Member Marion Barry, D-Ward 8, avoided jail time Thursday when U.S. Magistrate Judge Deborah A. Robinson ruled the former mayor did not violate his probation in a criminal tax case.

Federal prosecutors sought to put Barry in jail, saying he violated the terms of a plea agreement that stipulated he file his taxes on time.

Barry pleaded guilty in 2005 to a misdemeanor for failing to file tax returns from 1999 to 2004, but did not file his 2005 taxes until Feb. 9 of this year, prompting prosecutors to ask that the probation be revoked.

Assistant U.S. Attorney Thomas Zeno argued that Barry willfully failed to file his 2005 taxes. Robinson ruled there was no evidence Barry had intentionally violated the law.

This story continues below
Advertisement

Neither Barry nor his lawyer, Frederick Cooke, could say why the former mayor waited so long to file his taxes.

“It’s good to have a good God, a good lawyer and a good judge, and that’s what we have in this case,” Barry said outside the courthouse, facing a throng of reporters.

Thursday’s appearance in federal court marked the second time in two weeks Barry has faced a judge.

He was acquitted June 13 by a D.C. Superior Court judge on charges of drunken driving.

Barry is also expected to appear in court in July on charges of misuse of vehicle tags and of driving an unregistered vehicle, Cooke said, adding that he believed it was likely those charges would be dropped.

Barry has accused the local and federal justice system of unfairly targeting him.

He said he was nervous Thursday as he faced the judge.

“You’re always nervous,” Barry said, “about things that are unfair.”

cmabeus@dcexaminer.com