SAN FRANCISCO, CA – During a sentencing hearing Tuesday in San Francisco County Superior Court for Jhacorey Wyatt, convicted of a 2021 Tenderloin shooting, Judge Michael McNaughton sentenced Wyatt to a total of 14 years and 3 months with credits for time served—despite the victim’s family members, jurors, and community organizations all pushing for Wyatt’s immediate release.
Wyatt, represented by San Francisco Public Defender Mano Raju, Deputy Public Defender Bao Doan, and Attorney Anjuli Webb, was convicted of voluntary manslaughter and assault with a firearm. During this week’s hearing, defense asked Judge McNaughton for Wyatt’s immediate release given that he’s already served the minimum sentence of 3 years, while Deputy District Attorney Lee Fraiser requested the court sentence him to the maximum sentence possible—26 years in state prison.
Wyatt, who was given a chance to speak before Judge McNaughton delivered his sentence, proclaimed in court “I have something to live for. Please let me go home, please give me a chance at life… I’m not the hateful person I’ve been portrayed to be.”
Wyatt also expressed his remorse about Mr.Nash’s death and how he wishes things had gone differently.
In a statement made to the Vanguard following the proceedings, Public Defender Raju stated, “In this case, the prosecution sought the absolute maximum sentence despite the wishes of the victim’s family, who wanted Jhacorey Wyatt to be released. Several jurors, via signed affidavits, asserted that errors and confusion in the jury room led to a wrongful conviction of Jhacorey, whom they believe was not guilty. We’ve had an outpouring from the community who are shocked that the District Attorney and the Judge disregarded these affidavits.”
The sentencing decision came despite the aunt of Robert Nash, the 51-year-old man killed in this incident, urging the court to grant Wyatt mercy and leniency in his sentence. At the previous court hearing, Nash’s aunt appeared on Zoom and told Wyatt that “when you look back know you don’t have to be the man you were back then, you are a new creature. I hold no malice, neither does my family…we can’t bring him (Nash) home. I know you didn’t mean to shoot him.”
Since the trial concluded, multiple jurors have signed affidavits describing their mistakes, including four of them stating they regret their conviction of voluntary manslaughter, and instead saying they believe their true vote was not guilty on all the charges, according to a community letter entitled “San Francisco Community Demands for Immediate Release of Jhacorey Wyatt.”
Prior to Judge McNaughton delivering the sentencing decision, Public Defender Raju cited ten factors supporting Wyatt’s immediate release. First, he explained how deeply remorseful Wyatt is for the death of Mr.Nash—and how an incident like this will never happen again. Second, the presumption of the low-term sentence is mandated by law under SB 567, which requires a judge to impose the lower term sentence if trauma, youth, violence, or trafficking victimization, as specified, was a contributory factor to commission of the offense.
Third, Public Defender Raju stated, two members of Mr. Nash’s family want Wyatt released and expressed interest in restorative justice practices. Fourth, On April 5, 2024, all jurors voted not guilty on first-degree murder, second-degree murder, and attempted murder. Four jurors, by sworn affidavit, have expressed that their true verdict, consistent with their analysis during deliberations, was Not Guilty on all lesser charges as well.
Fifth, Public Defender Raju explained that Wyatt has been away from his 7-year-old daughter, Lydia, nearly half of her life (since age 4), and their separation is devastating her emotionally and is hurting her studies, as she’s already had to repeat a grade. Sixth, 17 signatories from the community, including organizations and individuals, want Wyatt released immediately.
Eighth, Public Defender Raju stated, “This is a high-publicity case which has led people from all over this city, the people I was elected to represent, to question why we are having a sentencing. 3 separate articles within 8 weeks. This doesn’t end at sentencing. In addition to our crucial expert being excluded and being deprived of the fundamental right to cross-examine the most important prosecution witness, 4 jurors at sentencing declaring that they cast a vote in the jury room for improper reasons, that they never considered involuntary manslaughter, and that their true vote is not guilty on all charges is unprecedented; any conviction will be overturned, but Jhacorey shouldn’t be caged in prison while the that appeal process is happening.”
Ninth, Public Defender Raju told the court that Wyatt has completed programming that shows initiative to re-intregrate into society as an amazing father, 16 sessions of parenting coursework. Ninth, Community Organization United Playaz has pledged to support Wyatt upon his release, and their Executive Director Rudy Corpuz will personally assist Wyatt with finding employment. Tenth, Raju stated that Community Organization Sunset Youth Services will provide support with programming.
“In my years of practice I’ve never seen a constellation of jurors, victim’s family, and community organizations all asking for release,” Public Defender Raju expressed. Later adding, “I think it would be a first for someone to go to state prison when jurors have spoken out for his (Wyatt’s) release.”
“Imagine Jhacorey showing other inmates the affidavits that jurors wrote saying that he should be released,” he continued. “We are asking the court to embrace hope,” Raju stated, explaining that there are two of the best community organizations ready to support Wyatt if he’s released.
DDA Fraiser, who was also given the chance to speak prior to the sentencing decision, discussed Wyatt’s history at length and expressed her concern for Wyatt “creating new victims” if he were to be released. In her request to sentence Wyatt to 26 years, she characterized Wyatt as having a total lack of remorse in the killing of Mr. Nash, and argued that he refuses to conform to any of the norms in society and is a “manipulative” person.
In her comments to the court, DDA Fraiser recounted the night of Aug. 13, 2021, arguing that Wyatt went to the Tenderloin with a loaded gun and, after a brief interaction started firing on a crowded street, with one of the bullets shooting Mr. Nash in the head. However, Wyatt’s defense team has explained that on the night that led to his arrest, Wyatt was trying to help one of his brothers.
As stated by community members in the previous sentencing hearing, “On the night of Aug. 13, 2021, Jhacorey (age 25 at the time) traveled from Oakland to San Francisco’s Tenderloin to find his brother, who struggles with substance use disorder, and to bring him home. While he was on the sidewalk waiting for his brother, a group of men formed a huddle, and one of them verbally confronted Jhacorey” …“Jhacorey thought another one of them flashed a gun. Feeling cornered and panicked for his life, Jhacorey pulled the trigger of a gun he’d been urged to take for his protection while on the street that night, hitting the man whom he perceived to be a threat and accidentally killing another person nearby,” they continued.
DPD Doan spoke extensively about the issues with the Pre Sentence Report (PSR) utilized by DDA Fraiser in forming her sentencing opinion, which she argued was based on a police report summary that was riddled with inaccurate information, fabrications, and false statements, instead of relying on information elicited at the trial itself.
She additionally spoke about the immense heartbreak involved in this case—the heartbreak for the loss of Mr. Nash’s life, and the lack of need for further heartbreak by sentencing Wyatt’s life away through incarceration. DPD Doan told the court about the sadness and remorse she’s seen Wyatt hold throughout this process—how he continuously cried and had to take breaks throughout the trial every time the court spoke about Mr. Nash, saying that she’s seen him weep uncontrollably over the phone and in the holding tank.
In her statement to the court, DPD Boan discussed the criminal legal system and its role in having compassion and understanding the value of a life. “Compassion should also be extended to Jhacorey and people like Jhacorey. Jhacorey is determined to give his daughter a good life…I don’t want the suffering that happened on Aug. 13, 2021, to be compounded by further suffering.”
DPD Boan read aloud part of the letter that Nash’s aunt submitted to the court: “Your life is worth living. We forgive you, forgive yourself and become a better man.” Reading another part of the aunt’s letter, she said “our prayer is that he (Wyatt) has the value of a life.”
DPD Boan, pleading to the court, said “to be truly just we must allow life to flourish even in tragedy.” She went on to question if, when a life is taken, we have to take another life away with it. She expressed that the letter from Nash’s aunt expressed how justice should be restorative, not destructive.
Public Defender Raju told the court that DDA Fraiser’s recountment of the evening in 2021 loses sight of the fact that Jhacorey went to the Tenderloin to look for his brother who was struggling with substance use issues. Public Defender Raju contexualized this case and the sentencing decision infront of the court today, by explaining the connection between slavery and the criminal legal system that’s been shed light on in recent years. He explained the recent policy changes in the system that have pushed back against these connections, one being SB 567 which takes into account one’s age and mental health in deciding when it’s appropiate to add enhancements.
Judge McNaughton ultimately sentenced Wyatt to a total sentence of 14 years and 4 months. He stated, “I don’t have a deaf ear to the statements made, including the statements of the aunt… this (sentence) will result in your eventual release when you’re still a young man… I feel like the mid term is the appropriate sentence in this case.”
In a statement made to the Vanguard, Attorney Webb said, “We are deeply grateful to the community organizations that advocated for Jhacorey’s release, as well as Jhacorey’s family, community members, and the jurors who attended post-verdict proceedings to show their support. We are especially thankful to the members of Mr. Nash’s family who spoke out to request Jhacorey’s release. Their presence brought compassion and intergenerational wisdom to a system that is overly focused on punitive, carceral outcomes.”
Wyatt’s defense team has already filed an appeal to the sentencing decision. DPD Boan stated to the Vanguard, “Our efforts to bring Jhacorey home don’t stop here. There are numerous appellate issues to address that could bring Jhacorey home as soon as possible, and we plan to pursue each and every one of them. We continue with hope and optimism that the higher courts will rectify the injustices and misapplication of the law in this case.”
In a statement made to the Vanguard following the proceedings, Raju added, “Decisions like these are cruel, contrary to fundamental principles of justice, and ultimately harmful to public well-being. With this unjust sentence, the state is punishing Jhacorey’s entire family – including his young daughter, his partner, their elderly grandparents who’ve stepped in to assume child raising duties, and every one of his siblings who depend on him for support.”
