Sentencing for one of the two men who killed an Albany man was delayed Monday, after his public defender went on a rant about gun violence and Gaza and was removed from the courtroom.

Daquan Arrington and Paul Smith were in court to be sentenced for the deadly shooting of Javon Ward on June 5, 2024, in the area of Second and Quail Streets.

Arrington had  accepted a plea bargain  in exchange for a 25-year prison sentence.

Judge Thomas Marcelle asked Arrington’s attorney, Timothy Berry, if he wanted to speak.

Berry began by saying that hearing the victim impact statements touched his heart and his client’s.

Then, Berry said he wanted to address gun violence and societal conditions that led to these situations.

“The political system has been unwilling and unable to address the gun violence throughout this country,” he said. “We have a country that glorifies violence, glorifies guns and does nothing to stop their proliferation throughout the society.”

Berry said he was not trying to excuse Smith or Arrington’s actions in any way.

“I am speaking to larger issue of the glorification of violence and guns in the United States of America. The massive wealth, inequality and resource inequality and the effect that is having on our political system as the autocratic billionaires seek to take control and destroy the constitution. We have a government that has refused to address a genocide that is going on in Gaza and …”

“OK. OK. That’s enough Mr. Berry.” Marcelle said. “Your comments are out of order. You’re done. You are done!”

Berry kept talking.

“The federal government is seeking to silence,” Berry said. 

“I’m seeking to silence you,” Marcelle said.

“There will be a contempt hearing to follow,” Marcelle said. 

“I will not be silent in the fact of a genocide!” Berry said.

“Please take Mr. Berry out!”

The court officers physically removed Berry from the court.

Marcelle apologized to Arrington and said he is going to reschedule sentencing and get him a new lawyer.

“You’re entitled to someone who represents you, and not use you as a political pawn for whatever political issue that he may have, so I apologize to you sir.”

Albany County District Attorney Lee Kindlon afterward that what Berry did “was completely out of bounds.”

“Today was about allowing the victims to be heard, and I think it was a disservice to them. I get that gun violence is something that we need to find a voice against, but what happened in the courtroom today distracted from the families and victims’ moment,” he said. 

Kindlon said Berry’s outburst would not affect the agreed-upon sentence.

A contempt hearing for Berry could be scheduled Monday afternoon.

NewsChannel 13 will bring you updates on air and online.