Probation for Murder

The Dallas Morning News has done some excellent work over the past few days in highlighting cases where convicted murderers walked (or in one case) rolled free with probation.

The first story is here.

The second story can be found here.

It's a great job of reporting, but I can't find on the website who the reporter is. Whoever it is... kudos.

Two Years For Shooting Friend in the Face

Friends don't let friends shoot friends in the face. And prosecutors shouldn't let 19-year olds who steal their father's pistol walk away with a maximum sentence of two years behind bars.

11 Years For Murder

From Classical Values comes the story of an alleged cop killer who already had a murderous past.

After a hot pursuit by police Tuesday night across downtown Philadelphia, the body of Jerome Whitaker, 29, was hauled from the river about 3 a.m. today, a spokesman for the Philadelphia Medical Examiner's Office said.

Court records show that Whitaker pleaded guilty to murder in the 1994 shooting of Michelle Cutner, 6, his South Philadelphia neighbor. His lawyer maintained that Whitaker fired into an unoccupied vehicle in revenge for an earlier quarrel and accidentally hit the girl, who was playing outside.

Whitaker served 11 years in state prison before being paroled in July 2006. He was arrested four months ago on drug charges and recommitted to prison for violating parole. He was released last month when the underlying charges were withdrawn.

11 years for the murder of a 6-year old child? I'd call that a pretty good deal for the defendant. Not so good a deal for the rest of us.

Six Years for Murder

In Peoria.

At least she'll be testifying against the other defendants in the case. But if she's so innocent (as she's maintained), why is it the police found out about her through the cell phone she left at the scene, rather than her calling 911 to report the crime?

15 Days for Assault

Back in 2005, Joel Olavarria-Rivera copped a plea deal with prosecutors over an assault on his girlfriend. He served a whopping 15 days.

Now he's been charged with her murder.

Ten Years for Attempted Murder

In Michigan.

A Flint man who told an exotic dancer to close her eyes so he could give her a Sweetest Day gift but instead bashed her head in with a hammer pleaded to an assault charge.

Austin M. Schmidt, 21, faces prison when sentenced Dec. 4 before Genesee Circuit Judge Joseph J. Farah.

Schmidt pleaded no contest today to assault with intent to commit great bodily harm less than murder, a 10-year felony.


He was originally charged with assault with intent to murder, a life felony, in the Oct. 22, 2006 assault on Abbie VanAmburg.

...

At an earlier hearing, VanAmburg, 23, said she was severely beaten with a hammer, receiving more than 30 blows to her head and arm that required 25 staples in her head and 50 stitches on her face and arm.

She said about 30 of those stitches were required to reattach her left ear, which was nearly severed in the attack.

And he'll most likely be out of prison before he's 30. Lovely.

A History of Injustice

Just check out the partial criminal history of this guy:

- 7 1/2 years of a 14-year manslaughter plea.

- 5 months of a 16-month sentence for fighting cops.

And now he's facing charges of third degree robbery. I guess the good news is he's been downgrading his crimes. Bad news is he'll probably get off with yet another slap on the wrist for this nonviolent offense.

Plea Bargain for Two Time Killer

In Ohio, a man's received a 15-year sentence for the murder of a young woman.

But this man's already killed. He was convicted of 1st degree murder as a juvenile less than a decade ago.

I understand that prosecutors don't have enough staff, and that plea bargains can represent an easy way to get garden variety criminals behind bars for a few years. But if you can't marshall the resources to go after a two-time killer who's just 24-years old... there's something seriously wrong.

Cracks in the System

In Boston and New York, heinous acts of violence committed by people who should have been behind bars.

And once again, Mayors Bloomberg and Menino say all this could go away if we only had more gun control laws.

18 months for armed robbery

In Maryland.

A 17-year-old girl was sentenced to 18 months

in jail today for helping lead a teenage armed robbery spree, allegedly to get money for stylish athletic shoes.
A judge found Tia Moore guilty in July of two counts of

conspiracy to commit armed robbery and one count of attempted armed robbery. In January, she and four other young people took part in the 90-minute crime spree, targeting a fast-food restaurant, a pizza delivery man and an ice-cream shop where two of their Frederick High School classmates worked.
Prosecutors asked for four to 16 years according to state

sentencing guidelines. Instead, Frederick County Circuit Judge Julie Stevenson Solt sentenced Moore to 18 months in the county jail and suspended another 14 and a half years of prison time.

Well, that'll teach HER!

30 Years for a Double Murder

In Delaware.

The lead prosecutor in the case, R. David Favata, said after Young embraced the plea bargain that, with trials of two co-defendants pending, he could not comment on how the prosecution came to offer the plea bargain.

However, he described the outcome as “a just result under the circumstances” and took issue with the families’ position that Hamilton’s sentence was much too light for killing two men.

“Thirty years in prison is not a mild sentence by any stretch of the imagination,” Favata said, noting that Hamilton was formally sentenced to 53 years -- albeit with 23 years suspended.

“We spent hours with the family discussing the plea and the reasons we decided it was the best course of action,” Favata said.

“We were aware that they were unhappy with it, and we made that known to the judge and the senior staff of the Department of Justice.”

Thirty years in prison isn't mild. But is it the appropriate sentence you'd like to see if your children were the ones who had been murdered?

5 Years for Murder

In Chicago.

Darnell Smith, 35, who goes by the name "Belo" as part of the Chicago rap group Do or Die, was charged in the November 2002 murder of Raynard Pinkston. Prosecutors said both Smith and Pinkston were involved in a quarrel about drug sales. Pinkston, 19, struck and threatened Smith, according to prosecutors. Smith then pulled out a gun and shot Pinkston, prosecutors said.

Smith was originally charged with six counts of first-degree murder. As part of a plea agreement, Smith will receive a 10-year prison sentence, of which he is likely to serve five years, according to Cook County Assistant State's Atty. Karen Kerbis. Smith is scheduled to be sentenced on Nov. 8.

And yet people like Rev. Michael Pfleger are going to be protesting a local gun shop in a couple of weeks. A gun shop that's never been in trouble with the law. If Rev. Pfleger is so concerned about the sanctity of life, I'd think he'd be out in front of the Cook County Courthouse objecting to such a light sentence for murder.

Minimum Sentence for Assaulting a Cop

In Rochester, New York.

Answering a call about an armed robbery on Sherwood Avenue, Rochester Police Officer William J. Danno and his K-9 partner, Aro, cornered suspect Terrance J. Jones as Jones tried to jump a fence.

After the dog grabbed Jones by the seat of his pants, Jones got hung up halfway over the fence, raised his arm in an apparent attempt to shoot the dog with a pistol he was carrying, but dropped the gun. He then punched Danno in the face and fell out of his pants to the ground, but was captured a block away when the dog pursued him.

When police booked Jones, they discovered that he was out on bail on charges that he had pulled three other armed robberies six months earlier.

Danno, a 15-year veteran of the police department, watched with indignation Monday as Jones, 17, was ordered to prison for 3 ½ years — the minimum penalty allowed — for assault.

Acting Monroe County Court Judge John R. Schwartz, who offered that sentence in exchange for a guilty plea over the objection of the District Attorney's Office, maintained that Jones was getting no bargain because the sentence will be added to a 12-year prison term Jones is already serving for the unrelated robberies.

"No one should forget the fact that this young man is leaving the courtroom today sentenced to 15 ½ years," Schwartz said.

But Danno said the sentence was an insult to him, his colleagues in the police department, and law-abiding citizens.

"I feel bad for the people of the city," Danno said. "They live every day with violent crime while the people who commit it are being handled with kid gloves."

District Attorney Michael C. Green, who attended the sentencing, said he also disagrees with Schwartz's assessment.

"The judge seemed to say that he's imposed a 15 ½-year sentence," Green said. "That's absolutely not what happened. He (Jones) is getting the minimum for assault."

I'm assuming that since the judge says this is really a 15 1/2 year sentence that the 3 1/2 year sentence for assaulting the officer will be served consecutively to the 12 year sentence for the robberies. Otherwise, this is really just a 12 year sentence.

And while I'm here... a plea of my own. I'm pleading with the local press to include some detailed reporting. Here's a potential Deal of the Day, but we need more specifics!

A suspect who was at least partially responsible for delaying his case for more than a year has pled guilty to second-degree murder in a Jasper County courtroom.

With the plea, Tony A. Jackson of Carthage was sentenced to 20 years in prison Tuesday for stabbing Christopher Rodriguez (Sergio Orihuela Rojas), formerly of 711 Orner St.

Jackson sported an extensive criminal background even before stabbing Rodriguez 12 times in April of 2005 after an extended struggle. Jackson's criminal history included robbery, stealing and burglary. He served time in prison on three separate occasions.

The reporter obviously had access to his criminal history and sentences... put that information in the story!

A Look at Plea Bargains

These figures are pretty doggone incredible. From Lee County, Florida.

From January to June, 1,505 felony cases ended in pleas and 49 ended in trials, while 5,856 misdemeanor cases ended in plea deals and 45 went to trial, according to Lee County Clerk of Court Charlie Green. The numbers conclude that about 99 percent of cases ended in a plea agreement.

"It's all strategy," said Kelly Worcester, State Attorney's Office felony supervisor. "It's a dance and most of the defendants know that."

Wow. 99% of all cases end in a deal.

Eight Years For Attempted Murder

In California, where a local paper is asking questions about the plea bargain.

In spring 2006, Scott Lee Sepulveda and six friends were arrested for an alleged conspiracy to murder two bookies, and an associate who informed the authorities of the plot.

Sepulveda was charged with several offenses, including three counts of attempted murder and conspiracy, then in an unrelated case he was charged and admitted to having sex with a 14-year-old girl after giving her alcohol.

Sepulveda and his associates took a plea bargain, which would allow them up to eight-year sentences as opposed to life imprisonment, which would have likely been the punishment had they been found guilty.

The conditions of the plea bargain for Sepulveda were that he would have to admit to conspiracy, but not to the specifics of the conspiracy. In addition, he would have to register as a gang offender, although he would not have to register as a sex offender.
...
In a time when public urination is considered a sex crime, it is disappointing to see someone who admitted to a much more serious sex crime not even have to register as a sex offender.

It is not acceptable for people accused of crimes such as these to escape justice by making a plea bargain.

It is not even reasonable to offer a plea bargain unless some great good is obtained from it.

In this case, it appears that no good came out of it.

It appears that guilty people have escaped justice.

It happens every day.

Felon in Possession Charges Dropped

If you go looking, you'll find stories like this quite a bit.

A Vancouver man pleaded no contest today in the drug-related death of Shelby N. Howard, a 15-year-old high school student.

Stetzon W. Sharp, 20, did not admit giving the Vancouver teen the fatal dose of ecstasy in May. But he told Clark County Superior Court Judge Roger A. Bennett he thought a jury could find him guilty of controlled substance homicide if the case went to court.

In exchange for his plea, prosecutors dropped charges of second-degree assault-domestic violence and felon in possession of a firearm. Those charges stem from an assault a day earlier on Shelby's sister, who was Sharp's girlfriend.

His sentencing was set for Oct. 24. Sharp faces as long as 10 years in prison, but the standard sentencing range for the crime is 5½ to 8 1/3 years.

Again, a simple question: if the charges that were dropped weren't exactly related to the charge for which he pled guilty... then why drop those charges?

A couple more deals of the day... the first from Texas, where a violent purse-snatcher gets off with probation.

And in Wisconsin, the ringleader of a robbery gang will most likely do just 12 years behind bars for a string of robberies... despite the fact that prosecutors say he's a "is a very serious threat to the community". If he had been convicted of all charges at trial, he could have been put away for 320 years (if sentenced to the max and ordered to serve the terms consecutively). I'm not sure I understand how prosecutors can on one hand call someone a serious threat to the community, yet accept a plea bargan that means he'll do less than half the maximum term for just ONE of the eight counts he was facing.

Accused Cop Killer Should Have Been Behind Bars

Phoenix Police Officer Nick Erfle was shot and killed on a Phoenix street a few weeks ago. And the man police believe pulled the trigger should have been behind bars, not walking the streets.

Erik Jovani Martinez already had a lengthy criminal history, and in fact had been deported after a felony conviction. But shortly thereafter his deportation, he returned to this country.

And when he was arrested for assaulting his girlfriend during an argument, Scottsdale Police didn't run his name through the ICE database, which meant rather than facing federal charges, he was allowed to post $300 bail and walk away.

While there's certainly a lot of discussion about the fact that Martinez is an illegal alien and shouldn't have been here, I've seen almost no discussion about this fact.

Martinez was brought to the United States as an infant and lived his whole life here. Clearly, he also was a career criminal, racking up a dozen arrests before he turned 18 and continuing to have brushes with the law afterward.

A dozen arrests before he turned 18? We have a 22-year old cop killer who's been arrested at least 14 times in his young life. My question isn't "what was he doing back in this country?" My question is simply, "why wasn't he behind bars?"

22-year olds, here illegally or native-born, really shouldn't have the ability to rack up that kind of record. At some point we have to say they're a danger to society and give them a real sentence. Unfortunately, that point's been reached... but not until after Officer Erfle's lost his life.

Four Years For Murder

Okay, technically I guess it's four years for manslaughter, since that's what the charge was after a plea bargain.

A woman who helped rob and kill a man in Tumwater pleaded guilty to manslaughter in a plea bargain and agreed to testify against two other defendants.

Thurston County prosecutors are recommending a four-year sentence for 27-year-old April Frazier in return for her cooperation.

She says she met 69-year-old Jerry Totten through Alcoholics Anonymous and was living in a trailer on is property. She says she brought two men to his house in January to rob him and they killed him.

She was arrested at a Las Vegas casino in February where she was gambling with stolen money.

I do understand that sometimes it's worthwhile to pursue a plea bargain with one individual in order to get their cooperation and testimony against others involved in the crime. But still... four years? That just seems a little light to me.

And in Massachusetts, we have a judge vacating earlier convictions for a career criminal and then telling the defense attorney to consider it an early Christmas present. Instead of 262 months in prison, the repeat felon will only serve 21 months maximum. Apparently prosecutors agreed to a plea bargain where the defendent would plead guilty to drug possession, but there's no word on what the original charges were.

12 Months for Stabbing

In New Hampshire, a 19-year old's copped a plea bargain in a gang fight that will send him to jail for one year. Only it won't really be a year, since he's getting credit for time served. And since most violent offenders actually serve about half of their sentence, he might be out in six months.

Six months for stabbing two people. Now that's a Deal of the Day.

Welcome to The Deal of the Day

For several months now, I've been doing a "Deal of the Day" as part of my show on NRAnews.com and Sirius Satellite Radio. I wanted to have a place to collect these stories, and rather than use my existing blog, I figured a new site would be best. So here we are.

What exactly is a "Deal of the Day"? It's a case where the punishment doesn't fit the crime. Obviously this is a subjective standard, but you'd be amazed at how often I find cases that just don't seem to pass the smell test.

Big city politicians have been trying to blame an uptick in violent crime on a lack of gun control laws, but what I hope to show is that when criminals aren't facing adequate punishment for their actions, they will be tempted to repeat their behavior.

Rather than going after law abiding gun owners, why don't we get serious about these violent offenders? It seems to me it would make more sense.

If you see a story that you think would make a good "Deal of the Day", feel free to email it to me at thedealoftheday-at-gmail-dot-com

Thanks for reading, and prepare to get ticked off!