Opinion: Dont be fooled into thinking a murderer is waltzing out of prison after a cup of coffee – AL.com

This is a guest opinion column

There isnt a person in Alabama that isnt saddened by the recent senseless shooting death of Sgt. Nick Risner. Law enforcement is a noble profession all while being one of the most dangerous. No want wants to see our officers injured or even worse killed.

Alabamas state motto is We Dare Defend our Rights. One of those rights is every Alabama citizens Second Amendment firearm rights. The defense of that Second Amendment right starts with our own Attorney Generals Office. Alabama is a Second Amendment loving State. Truth be told most of America is. According to a 2011 Small Arms Survey the United States boasts the highest number of civilian firearms per capita - 270 million, or 89 guns for every 100 residents.

In the past five years Alabama has lost twenty-four officers. AG Marshall is correct.

Since 2009 the United States endured 258 mass shootings according to Everytownresearch.org. Alabama boasts five of these mass shootings. The victims of these mass shootings were innocent people that were targeted in nightclubs, at schools, and even at their jobs. They werent working jobs where they wear bullet proof vests or carrying firearms of their own. They didnt have any type of advanced training or the chance to call for backup.

Our representatives in Montgomery, in all three branches, have time and again told Alabama citizens that we should not overreact to tragedies when drafting and passing laws. That capitalizing on a tragedy is wrong. The argument we hear is that using the deaths of innocent people particularly children - to advance a gun control agenda is abhorrent.

I couldnt agree more. Using a tragedy to promote your personal politics is about as low rent as it comes. Its good to see our representatives reminding people outside the State of that. It might be a good time to remind our representatives inside the State as well.

The recent prison construction bills passed quickly through the legislatures special session. During the special session Governor Ivey also asked that the Legislature consider two criminal justice reform bills. Each of these bills were sponsored by Republican Representative Jim Hill, himself a former judge that presided over hundreds if not thousands of criminal cases. These reform bills were recently targeted in various interviews and opinion columns by certain Alabama elected representatives including our own Attorney General.

Blount Countys District Attorney went on record stating [e]ssentially, what House Bill 2 is allowing to happen is to allow murderers to get out early. We dont have truth in sentencing in Alabama, so even if theyre sentenced to 30 years, it doesnt mean 30 years. This is not correct. For the sake of argument I will solely address the murder claim for now.

In Alabama murder is a Class A felony. The minimum sentence for murder is 10 years; if a gun was used the minimum sentence is 20 years. HB2 reads in part that If the defendant is sentenced to a period of 10 years or more, he or she shall be released by the [Department of Corrections] to supervision by the Board of Pardons and Paroles no less than 10 months and no more than 12 months prior to the defendants release date. In other words if a Defendant hasnt made parole 10 to 12 months prior to the end of their sentence then the Department of Corrections shall release them to be supervised by the Board of Pardons and Paroles.

When I see the claim that we dont have truth in sentencing I can only assume the Blount County District Attorney is talking about correctional incentive time or what most defense lawyers and prosecutors call good time. Certain defendants are eligible to earn up to 75 days of credit for every 30 days they serve. This is not without its limitations.

To use the murder example above since murder is a Class A felony it is explicitly excluded from any good time consideration. The law in Alabama is that no person may receive the benefits of correctional incentive time if he or she has been convicted of a Class A felony In fact, any defendant sentenced to prison in excess of 15 years isnt entitled to good time no matter what the charge is.

In the example above under HB2 the murder convict sentenced to 30 years would be released within 10 to 12 months of the expiration of his 30-year sentence or more appropriately after serving 29 years. For those playing along at home a 20-year-old kid would walk out of prison, having paid his debt to society, as a 49-year-old man.

Dont be fooled into thinking a murderer is waltzing out of prison after having a cup of coffee. In fact, HB1 the criminal justice reform bill that did not pass during the special session specifically excluded violent offenders from consideration. It is intellectually dishonest and insulting to the people of Alabama to rail on and on about worst-case scenarios that arent even possible under the law.

Our Attorney General took a different approach when utilizing the death of Sgt. Risner to support a political talking point. AG Marshalls problem is not only with HB2 but also with the good time statute itself. As Mr. Marshall points out the man that is accused of shooting Sgt. Risner served three years, two months, and fifteen days of his ten-year sentence. He was released from prison in May of 2016.

The person A.G. Mashall is referring to is of course Brian L. Martin who is accused of shooting and killing Sgt. Risner. Alabama court records show that Martin had no prior felony convictions. As a matter of fact he was offered a plea agreement by the State of Alabama. He accepted the deal offered to him by the State and went to prison. Alabama court records show Brian L. Martin was released from prison in May of 2016. According to Alabama court records for over a half-decade after Brian L. Martins release he had no further charges or even run-ins with law enforcement until the tragic day that allegedly led to Sgt. Risners shooting.

This is a tragedy. There isnt a person in Alabama that thinks otherwise. This is the same type of tragedy our Alabama representatives tell people in California and New York and Washington not to use to support their political talking points.

AG Marshall is currently waging war against Facebook, Twitter, and Youtube. His press release stated, Big Tech is not the Ministry of Truth, it should concern us all when platforms that hold such tremendous power and influence over information wield that power in contradiction of and with undisguised disdain for the foundational American principles of free speech and freedom of the press.

AG Marshall is right that powerful institutions that control access to information and impact Alabama citizens should not be selectively picking winning and losers. They should not tell half-stories, spread fake news, or suppress ideas that might not be popular in todays Overton Window. Similarly those institutions should not be preaching one gospel while practicing another. These institutions come in all shapes and sizes. Some look a lot like our own government representatives.

Originally posted here:
Opinion: Dont be fooled into thinking a murderer is waltzing out of prison after a cup of coffee - AL.com