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vickithomas247 · Aug 27, 2007, 04:49 PM

My husband has been incarcerated since 1989. He was given a LIFE sentence for shooting an empty parked car. Although no one was in or around the car, only 2 bullets hit the car, he has already served 18 years. He has filed several appeals, tried to get commutation of sentence, ineffective counsel... all to no avail. Isn't there any one out there that can help? Yes, he should be punished for breaking the law, but with only 1 prior of theft, this seems pretty extreme. :mad:

excon · Aug 28, 2007, 05:26 AM

Hello vickie:

Try the Innocence Project. Keep calling lawyers too. Don't give up.

excon

s_cianci · Aug 28, 2007, 03:54 PM

I agree that it sounds extreme. How long before he's eligible for parole? For a life sentence, depending on the actual conviction, it can be anywhere from 20to 30 years. Either way, parole is going to be your best option at this point.

vickithomas247 · Sep 2, 2007, 03:03 PM

He isn't elig for 8 more years

Fr_Chuck · Sep 2, 2007, 05:40 PM

I guess I can't understand how anyone can get life for shooting an empty car, that is not even an allowed sentence for the crime.

What did they have, felon in possession of a firearm, discharge of a firearm, damage to property.

None of these would have been life in prison??

vickithomas247 · Sep 3, 2007, 06:52 PM

They convicted him of agg assault with a deadly weapon. Even now, that wouldn't carry a life sentence. He is currently back in the system, for exculpatory evidence. Its all just so unfair. Murderers and rapists get less time than this. His only other prior was theft at the age of 18. Don't understand, and just want him home, and free.

Fr_Chuck · Sep 3, 2007, 06:59 PM

Sounds like something wrong, to get agg assault with a deadly weapon there had to be a person in the car, or a person they were trying to kill.

If those are the facts, did his attorney sleep during the trial?
Now I am going on the laws as I know them from the state I was a police officer, but I can't believe other states would allow this either.

The trouble with an appeal, just being innocent is not a defense, you have to find a error in procedure normally. Have you checked out legal aids or a local law school if there is one

vickithomas247 · Sep 6, 2007, 10:23 AM

Well, he is in the system again now. Trying to get out on exculpatory evidence, and ineffective counsel. He did only have public defenders previously. One of them even stated that she found no reason for commutation of sentence, and in the same breath said she hadn't reviewed his file. To answer your question, there was no one in or around the car. The police report even states that everyone was in the back yard for a party. 2 bullets hit the car. The agg assault comes in because the people in the house said that they feared for their life. Even though my husband had already gone to the front door and talked to people, left, then turned around and shot the car. The reason for this, although feeble, is that the owner of the car had previously jumped him, along with some of his friends. So, my husband thought he would get back at him and shoot his car. So, if he had wanted, or intended to harm anyone there, he would have done it when he was at the front door. None of this was EVER brought up in trial. We just really don't know what else to do. Currently the Supreme Court is reviewing his transcripts. Hopefully, someone will see the injustice in this, the extremity of it all. Thanks so much for listening!