Detroit Free Press from Detroit, Michigan • Page 9

reuolvinn dcor prisons DETROIT FREE PRESSMONDAY, SEPT. 23, 1985 9A Charles Edward Thomas, 23, Detroit Wilson Fell, 27, Datioit BACKGROUND: Fair robbed a McDonald's restaurant on Detroit's east side in BACKGROUND: Police arrested Thomas and a companion in April 1980 as they were breaking October 1980. Witnesses said he jumped over the counter, pulled a nickel-plated revolver and demanded money. He fled with $700 and was arrested two months later after employes Into a Detroit supermarket. The next year, while free on bond, Thomas was involved in two armed robberies.

He was arrested and later convicted of armed rob-bery, unarmed robbery, attempted burglary and possession of a gun in com 4 rr lchi8an's nine-year-old felony firearm law I I requires a mandatory two-year prison sen-I 1J I tence for Possession of a gun in commission LJwLJ of a felony. A second conviction carries a mandatory five-year sentence; a third conviction, 10 years. The law says the sentence must be served before the sentence for the crime in which the gun was used and cannot be shortened by good time, disciplinary credits or the 90-day credits provided by the Prison Overcrowding Emergency Powers Act. Although the Corrections Department is not short-, ening gun-term sentences with such credits, the Free Press found that it has been allowing inmates to accumulate credits from the Prison Overcrowding Emergency Powers Act while serving the gun term and deducting the credits from the subsequent sentences. The practice, which stopped when Gov.

Blan-chard quit invoking the law in December 1984, has enabled many prisoners to be paroled after serving their gun terms and little or nothing of their other felony sentences. Several Michigan prosecutors claim the practice is illegal; corrections officials insist it isn't. Here's how the policy affected the sentences of two people paroled by the department in 1983: 1983 after serving the gun term and none of the armed robbery sentence. His robbery sentence was wiped out by Emergency Powers Act credits he received while serving the gun term. Ten months after his parole, Fair shot Obra Pernell, 36, during a robbery attempt on Detroit's east side.

Pernell said Fair walked up to Pernell's car, fired three warning shots and demanded his money. When Pernell sped away, Fair shot him in the shoulder. Fair was arrested and convicted of assault with intent to commit great bodily harm less than murder and possession of a gun in commission of a felony. Recorder's Court Judge Clarice Jobes sentenced him to five to 10 years in prison plus two years for using the gun. Jobes said she didn't realize until the Free Press told her that it was Fair's second firearm conviction, which carries a five-year mandatory term.

Jobes said she would have preferred resentencing Fair to five years, but could not do so because of a recent Michigan Court of Appeals ruling. (The court ruled last year that prosecutors must charge the defendant as a repeat offender for the longer sentence to apply.) STATUS: Fair is at Muskegon Correctional Facility and will be eligible for parole in May 1990, according to the department. he ended up serving only 41 days for armed robbery, unarmed robbery and attempted burglary. STATUS: Ten months after his parole, Thomas took a color television and $50 in a burglary on Detroit's northwest side. Four days later he and two companions assaulted two men in their northwest home.

One of the victims was shot five times, but survived. Thomas, arrested a short time after the shooting, was convicted in separate proceedings of burglary, felonious assault and possession of a gun in commission of a felony. Wayne County Circuit Judge Helene White, who handled the assault and felony firearm case as an exchange judge in Recorder's Court, said she didn't realize until the Free Press told her that it was Thomas' second firearm conviction because the prosecutor did not call it to her attention. Although a second conviction requires a mandatory five-year prison sentence, the recent Michigan Court of Appeals ruling prevents her from altering the sentence because the prosecutor had not charged Thomas as a repeat offender on the gun charge. Thomas, at Camp Tuscola in the Thumb, will be eligible for parole in July 1987.

mission of a felony. SENTENCE: One to 15 years for the robberies and attempted burglary, plus two years for the gun, imposed in March 1982. (Because of 10 months he spent in jail before he was sentenced, his sentence legally began in April 1981.) CRIMINAL HISTORY: None. AFTERMATH: He was paroled in May 1983 after serving the two-year gun term and 41 days of his remaining sentence. The Emergency Powers Act credits he received while serving the gun term wiped out 1QVt months of his remaining one-year minimum sentence.

Thus, identified him through a police mug shot. Fair pleaded guilty to armed robbery and possession of a gun in commission of a felony. SENTENCE: One to 10 years for armed robbery plus two years for using the gun, imposed July 27, 1981. (Because of 12 days he spent in jail before he was sentenced, his sentence legally began July 1 5, 1981.) CRIMINAL HISTORY: Fair committed the robbery three months after completing a one-year probation sentence for car theft. AFTERMATH: Fair was paroled in July I A STUDY OF 5,762 PAROLEES I I A STUDY OF 5,762 PAROLEES I I A STUDY OF 5,762 PAROLEES I Occupation Where prisoners wore sentenced Types of crimes they committed Unemployed 2,913 Laborers 1,470 Detroit 1,836 aO Skilled trades 421 3 Against people 2,504 3 Against Property 2,621 Drugs, weapons other 637 Disabled 286 I Personal service jobs 143 I Office, clerical, sales 84 I Students 71 I Professional jobs 27 I Other 106 Unknown 241 Education 0,702 pcrclccs of IC03: Finding Uio feetc The Free Press study began with seven reels of computer tape obtained from the Michigan Department of Corrections under the state's Freedom of Information Act.

The tapes contained the names, criminal histories and sentencing records of 65,000 inmates who have moved through the state prison system since the late 1970s. The Free Press ted the Information Into a computer, at Wayne State University and isolated the records of the 5,762 Inmates who were paroled from prison in 1983. Paroles granted in 1983 were selected because studies show that parolees who get Into trouble usually do so within 14 months of their release. Detroit computer consultant Larry Kostecke and Free Press reporter David Ashenfeltec spent five months analyzing the records to determine how early the paroieesgot out of prison, howmany returned and the types of new crimes they committed. Thechartaonthispagearestatisticalprofllesofthe 1983 paroiees and the crimes for which they were sentenced before their '83 paroles.

I None 20 I Elementary 62 C3 Junior High 511 1 Oakland 642 CS Wayne 459 13 Genesee 356 Kent 312 Macomb 200 Washtenaw 187 Muskegon 162 Kalamazoo 151 I Berrien 136 I Jackson 126 I Saginaw 121 I Ingham 86 I Monroe 82 I Calhoun 78 I Bay 55 I St. Clair 46 I St. Joseph 44 I Ottawa 44 I Livingston 33 I Vanburen 32 I Lenawee 30 I Hillsdale 24 I Allegan 22 I Tuscola 20 I Midland 20 I Montcalm 19 I Grand Traverse 19 I Clinton 18 I Cass 18 I Shiawassee 16 I Isabella 16 I Eaton 16 I Ionia 15 I Branch 14 I Crawford 13 I Sanilac 12 I Lapeer 12 I Dickinson 10 I 10 I Newaygo 9 I Huron 9 3 Some H.S. 2,405 3 H.S. grad 887 I Mason 9 I Delta 9 I Antrim 9 I Oceana 8 I Iosco 8 I Wexford 7 I Otsego 7 I Clare 7 I Missaukee 6 I Marquette 6 I Alpena 6 I Kalkaska 5 I Charlevoix 5 I Schoolcraft 4 I Oscoda 4 I Osceola 4 I Mecosta 4 I Mackinac 4 I Leelanau 4 I Gratiot 4 I Emmet 4 I Benzie 4 I Ontonagon 3 I Lake 3 I Houghton 3 I Gogebic 3 I 3 I Alger 3 I Roscommon 2 I Menominee 2 I Luce 2 I Iron 2 I Presque Isle 1 I Manistee 1 I Arenac 1 Alcona 1 G.E.D.

705 Post high school 352 Unknown 820 Marital status at arrost Single 3,374 1 Married 884 Divorced 613 Separated 273 I Widowed 54 1200 p. 1050 IZ 900 tz 750 "1 I Percent of minimum sentence served by 5,762 parolees Unknown 564 Wayne County not including Detroit No parolees were sentenced from these six counties: Cheboyoan, Chippewa, Gladwin, Keweenaw, Montmorency, Ooemaw. Crimes for which they were convicted 153 of '83 Dependents None 3,288 Sarolees served 0 or more of" their sentences 600 tz -j 450 300 TZ 150 lit 1 1 i mini: zz, iL 1 3 One 981 Two 636 Larceny 869 Fraud 69 Assault 461 Arson 66 RapeSex Crimes 449 Miscellaneous 31 Drugs 434 Abductionkidnap 26 Homicide 393 Malicious destruction 22 Burglary 266 Motor Vehicle Code 19 Forgery 196 Embezzling 13 Robbery 162 Crimes against kids 13 Autotheft 120 Prostitutiongambling 4 Weapons 146 Conspiracy 3 TlTTTri Three 325 More than four 277 Unknown 255 100 150 199 percent of prison term 1 10 ail What happened after they were paroled (as of Jan. 10, 1985) Dow long they were serving Sex Up to one year 516 No new trouble 3,831 1 Two years 1,440 Men 5,409 Women 353 New felony sentence 794 3 Three 1,263 Four 794 EZ3 Violated parole 449 C3 Other unresolved trouble 645 I Died on parole 47 Five 583 Six 208 Seven 152 Eight 172 I Nine 51 10 290 11-15 218 I 16-20 44 I 21-25 13 I 26-30 6 I 31-35 2 How 47 parolees died Race Black 3,342 40 2 45 2 75 1 Life 5 Shot, stabbed, beaten 28 Accidents (3 while doing new crimes) Suicide Natural Causes 12 Unknown 3 White 2,335 5 1 1 I I Other 85 f'".