OAKLAND, CA– In a hearing at the Alameda County Superior Court Rene C. Davidson Courthouse last week, a 70-year-old inmate, wheelchair-bound and with an exemplary disciplinary record, had his sentence reduced to 27 years, even though the accused was already incarcerated 29 years.
Having served more than 29 years of a 42-year-to-life sentence for a non-deadly offense, the incarcerated sought a recall of his sentence because of his age, health and history of good behavior.
Despite the incarcerated’s lengthy original sentence, Judge Thomas E. Stevens acknowledged the accused’s “very good non-violent record” and expressed willingness to reassess the sentence based on these factors.
During the hearing, Judge Stevens noted the incarcerated had not committed any rule violations since 2009, holding a classification score at the lowest risk level, and remarked, “His disciplinary record is very good.”
The accused’s health was a key consideration, particularly following a spinal cord injury in 2017.
The court noted the incarcerated’s need for a cane walker, multiple surgeries, and testing for possible Parkinson’s disease, raising concerns about his overall capacity.
Additionally, the victim of the original crime has since passed away, although their death was unrelated to the case. The absence of opposition from the victim’s family, particularly the victim’s daughter, added a significant dimension to the proceedings.
As the judge considered the incarcerated’s life prior to his incarceration—his college background, athletic achievements, and professional certification as an electrician—Judge Stevens remarked, “I don’t know why he went off the rails, but that’s ancient history now.”
Ultimately, the motion for resentencing was approved, reducing the incarcerated’s sentence to 27 years despite having already served two years over this sentence.
Given that he has already served over 29 years, he is expected to be released on standard parole within five court days said the court, adding he was required to forfeit credits for time served beyond the new sentence.
