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Sacramento DA / Media / 2015 Archives / 11.16.15: So-Called “Nonviolent Second-Strikers” Get Early Prison Release

So-Called “Non-Violent Second-Strikers” Get Early Prison Release

The Sacramento County District Attorney’s Office will begin posting on its website information about “non-violent second-strike offenders” who have been granted early release from prison.

After a federal court ordered California to reduce prison overcrowding, a number of measures were put into place that result in early prison releases, including early parole consideration for individuals characterized as “non-violent second-strikers.”  In order to qualify, inmates must not currently be serving a sentence for a crime which is legally categorized as a ‘violent felony’ and must not be required to register as sex offenders.

Starting January 1, 2015, the Department of Corrections and Rehabilitation (CDCR) began a new early parole determination process, evaluating “non-violent second-strikers” for parole once they have served only 50 percent of their sentence or are within 12 months of having served 50 percent of their actual sentence. Upon receipt of inmate names from CDCR with a recommendation for release, the Board of Prison Hearings conducts an administrative review to determine if the inmate should be released from prison or retained for the term otherwise prescribed by law.  The Board determines whether an offender would pose an unreasonable risk to public safety based on criminal history, behavior in prison, rehabilitation efforts, and written statements.

The Sacramento District Attorney’s Office takes an active role in evaluating these cases and writes letters to the Board with an overview of the inmate’s criminal history, an opinion regarding the public safety risk posed by the inmate, and the appropriateness of an offender’s early release.  

As of November 13, 2015, 72 inmates sentenced from Sacramento County have been granted early prison releases.  Many of these offenders have violent and lengthy criminal histories.  Examples of these early releases include:

Victor “Chunky” Montez – A known gang member with a violent criminal history including voluntary manslaughter, assault with a deadly weapon, and resisting arrest as well as drug transportation/possession and ammunition possession convictions.  He was also found to be in possession of a large cache of firearms. Montez has been in and out prison since the 1980s, violating parole seven times.  Opposition Letter

Deshawn Fisher – Prior convictions include voluntary manslaughter.  In the prior offense, Fisher and his co-defendant tried to rob a group of men at gunpoint as they played cards in front of a house.  Two men were shot, one died.  In prison, Fisher committed battery on inmates, participated in riots, engaged in mutual combat, and threatened an officer’s life among other violent behavior.  He violated parole twice by being in possession of firearms, ammunition and drugs.  Opposition Letter

James Allen West – Committing offense is assault with a deadly weapon by means of force likely to cause great bodily injury. West beat the victim unconscious, punching and kicking him in the head wearing steel toed boots.  Past convictions include violent assaults and battery with serious bodily injury. One victim was a 75-year-old woman. West beat the other victims until they were unconscious. Opposition Letter

Willie C. Harris – Multiple felony convictions, including a 1985 first-degree burglary strike offense.  Since 1999, Harris has had seven DUI and driving with a suspended license convictions and a reckless DUI conviction.  His committing offense was felony DUI where his blood alcohol level was .17, more than twice the legal limit.  At the time of that offense, he was on parole for a 2008 DUI conviction where he had a .19 blood alcohol level.  Opposition Letter

Vanessa Santos – Prior convictions include two assaults with a deadly weapon.  Santos stabbed one victim in the arm with a knife.  Nine days later, she stabbed another victim in the leg with a knife and kicked the victim repeatedly when she was on the ground, causing great bodily injury.  Santos was most recently convicted for driving recklessly through a residential area with willful disregard in an attempt to evade officers.  Opposition Letter

Kevin James Rodriguez – Since 2001, Rodriguez has been convicted of felony domestic violence, felony assault with a deadly weapon and stalking charges, and false imprisonment.  He stalked, harassed and abused his girlfriend.  He chased her down with his car, almost causing her to crash, and held her and her daughter hostage in their own home, terrorizing them.  In 2013, he was a parolee-at-large and led police on a high speed chase with wanton disregard for the safety of the public or officers.  Opposition Letter

“It’s important for the public to be aware of these so-called non-violent offenders being released early from prison into our neighborhoods, as many of them pose a danger to our community,” said District Attorney Anne Marie Schubert. “Our office will continue to provide information that affects public safety and the interest of justice.”

The Early Prison Releases webpage can be found at www.sacda.org/early prison releases.

 

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