Darrell Gaston: District’s second-look law doesn’t help victims of violent crime
A young man is facing trial for killing my 15-year-old godson. If he is convicted, I believe he should do all his time — despite the District’s Incarceration Reduction Amendment Act (IRAA), which allows judges to reconsider the sentence of an offender who was under 18 when convicted and has served at least 15 years in prison. Passed by the DC Council in 2016, the IRAA dictates that the suspect in my godson’s killing, who was 16 when he was charged with murder, would be eligible for a reduced sentence after 15 years even if he is not up for parole. As a result, even if he is convicted of murder, he could be back on the streets around the age of 32.
Now, the council is considering expanding the 2016 law with the Second Look Amendment Act of 2019, which again dismisses the pain of victims and their families in hopes of encouraging rehabilitation of criminals. This legislation, authored by Ward 6 Council member Charles Allen and pending before the Committee on the Judiciary and Public Safety, would allow judges to review sentences after these criminals have served 15 years in prison if they were under 25 at the time of the offense. This isn’t enough time for true rehabilitation in my view, especially for offenders who have been convicted of rape or murder. True rehabilitation is when formerly incarcerated individuals come back into society with the skills and training to give back to their community and care for themselves after they serve their sentences.
We know those who pursue a life of crime are more likely to come from broken communities, families and schools. Everyone else is made to pay the price: Our children are less safe, and our communities continue to experience an uptick in senseless gun violence occurring in our homes, in our schools and on our streets.
When a family loses a son, daughter or other relative to a senseless homicide, the community experiences a public outpouring of grief. We hold candlelight vigils and wonder what could have been done to prevent the death of an innocent victim. Too many children have been murdered coming from or going to school in neighborhoods east of the Anacostia River. Yet out-of-touch politicians who do not live in these high-crime communities want us to believe that somehow we all are better off with these offenders back on the streets. Long term it’s the community that suffers. Without proper trauma-informed care and services, those impacted by the murders, rapes and other crimes in their communities suffer a bleak and dangerous future. They do not believe they will live to see tomorrow.
It’s worth noting that even though DC Attorney General Karl Racine is supporting the Second Look Amendment Act, he has opted not to take a stance on whether former drug kingpin Rayful Edmonds should receive an early release. This seems contradictory to me.
In 2016, a Washington Post investigation revealed a pattern of violent offenders returning to the community and committing more crimes. The next year, Councilmember Allen introduced the Youth Rehabilitation Amendment Act because he thought that DC laws were too lenient on criminals. His proposal provided common-sense protections for public safety and sought to make those convicted of certain violent crimes, such as first-degree sexual abuse, ineligible for early release.
So Council member Allen, what new evidence exists now that did not exist in 2017 when you advocated holding offenders accountable? You advocated for youthful offenders to complete their full sentences before asking a judge to clear their record. There’s also this from the Post’s September 2017 article: “Allen’s bill would prevent anyone convicted of a first- or second-degree sexual crime, or anyone convicted of sexual assault against a minor, from qualifying for leniency under the Youth Act.” So why are we showing mercy now under the proposed Second Look Amendment Act to murderers and rapists?
When deciding on more leniency for criminals, the council should reflect on victims like 68-year-old Vivian Marrow, who was caught in gunfire at 10 a.m. on Jan. 15, 2017, while making her way to her local food market. The council should consider 10-year-old Makiyah Wilson, who was caught in gunfire and senselessly killed while stepping outside to buy ice cream. The council should consider 11-year-old Karon Brown, who was gunned down after running from a fight that broke out in front of a McDonald’s restaurant. Attorney General Racine attended his memorial service; I wonder whether he would have had the gumption to tell Karon’s mother that if the person arrested for her son’s murder were just four years younger, he could be out in 15 years under the guidelines of the Second Look Amendment Act.
No mother should have to know that her son’s killer is walking free because of a system that sympathizes with criminals rather than victims.
We must not forget about the victims and their families. To date, DC has had 119 murders in 2019, up 12% from last year. Passing this bill will send a message that you can commit homicide at 18, get locked up, and be out in 15 to 20 years on good behavior. Who are we supporting — law-abiding citizens, or criminals who chose a life of crime and violence?
I urge the DC Council to reject this legislation and prioritize victims over the criminals who continue to wreak havoc on our communities, particularly east of the river.
Darrell Gaston is a member of Advisory Neighborhood Commission 8B, which encompasses Garfield Heights, Knox Hill and Fort Stanton.
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