Friday, March 31, 2017

Guilty - 25 years to Life

I was called to jury duty.

Chosen to be one of the 12 on a jury for a drunk driving case.


It was harder than I thought it would be.  It wasn't 'black and white' like I thought it should be.  And it was a man's life in my hands.  The burden was heavier than I imagined.  And it was some of the longest and most emotional 5 days I have experienced.
He was a 41 yr old black man.  Proven drunk by the three standards of intoxication we were taught - mentally impaired, physically impaired and blood alcohol level was two times over the limit. And they wanted us to find the fact that his intoxication was the cause of the accident - if not for his state of intoxication, the accident wouldn't have happened.  But then when the defense brings up 8 other serious accidents in the same dangerous intersection, none of which had alcohol involved, what was the cause of THEIR accidents??? They were called, mistakes, misjudgements, carelessness.  Well, what's to say that that wasn't the reason for my defendant too - why did it have to be because of the alcohol?  Along with one other juror, I was a dissenting vote for hours.  I couldn't say for 100% that it was because he was drunk - especially when the injured victim was also partially at fault because of speeding.  But because he was one drunk, HE was the one charged.  She was injured.
I finally consented - never really feeling content with the decision.
We returned to the courtroom and gave the verdict - then we were presented with additional information about the defendant that we were to consider in the 'punishment' phase.  he had been to prison twice before.  First, for attempted murder - at age 17, pointed a gun at a gang that was harrassing him, and shot a kid in the foot.  He served 8 years in prison.  When out on parole, he was found in possession of a fire arm and cocaine - and was sent to prison again, this time for 6 years.
Texas law says - first offense, sentence is 2-10 years.  Second offense is 10-20 years.  Third offense?  Twenty five - 99 years or life.  That was basically us sentencing him to life - he's 41 already and in terrible health.  Giving him 25 years is still basically a life sentence for him.  We spent 4 hours debating the sentence.  So intense listening to those who never wanted him out of prison again to those who felt 25 years for drunk driving was excessive, but taken out of our hands because of the 25 yr mandate. We finally agreed to the 25 years.
When the judge read the sentence outloud, the defendant dropped his head and his mother cried in the courtroom.  I left the moment the judge dismissed us from the courtroom.
His life had been hard from the beginning.  No father in the picture.  Step father had abused him and his mother and brother.  He lived in a very poor area of town and struggled his whole life.  Stupid choices changed his life forever - and when out of prison, he couldn't find a job or get a break because of his history.  He was getting better healthcare and food being in prison than OUT of prison - but IN prison nonetheless.
And that is, most likely, where he will die.
Because that's what I decided.

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