Kevin Herrick, sentenced to life due to his previous record.

The Injustice of Kevin's Sentencing

Kevin's case highlights a profound injustice within the legal system, where youthful mistakes and an erroneous charge led to a life sentence without parole.

Initial Sentencing and Outcome: On January 4, 1991, Kevin was sentenced to life without parole for charges he was found guilty of on his 24th birthday. This was a stark contrast to the recommended sentence of 17 to 22 years, which was based on the sentencing guideline method in effect between 1983 and 1994. The significant escalation to life imprisonment was due to additional points added to his sentence because of his prior record as a youthful offender.

The Youthful Offender Record (1984-1985):

• The Initial Incident: Kevin's record stems from an incident on June 20, 1984, when he and a friend shot up a vehicle in retaliation for damage to his friend’s car. They used two of Kevin's father's firearms.
• Parents' Involvement and Intent: His parents allowed criminal charges of burglary and grand theft to be brought against him. Kevin was initially sentenced to two years of probation on January 11, 1985. However, he quickly violated probation by frequently leaving his parents’ home. Because they could not contain or control him, his parents pressed additional burglary charges for the guns he had taken, believing "a little jail time would teach him a lesson".
• The Erroneous Charge: On July 16, 1985, Kevin agreed to a plea deal that apparently added another charge for shooting into a dwelling. Crucially, this charge is in conflict with arrest documents from the shooting, which clearly recorded that it was Kevin's friend, Vince, who fired the shotgun and not Kevin. Despite this contradiction, these points, which did not belong on Kevin's record, were counted against him in 1991.
• On September 27, 1985, Kevin was sentenced to 30 months incarceration

Subsequent Offenses: . While in prison, he was assigned to a Department of Transportation outside work detail, from which he walked away. This "unwise decision" resulted in an additional charge of escape, adding another 12 months of incarceration and even more points to his record.

Parents' Regret and Attorney's Assurance:

• Kevin’s parents have stated they had no idea at the time that the charges of burglary and grand theft could or would be applied to any potential future sentence, let alone enhance it to life imprisonment. They have since made it clear to Kevin's attorney that they would never have agreed to allow the charges to be brought against him had they known the future implications.
• Kevin's attorney assured his parents that the youthful offender points would be adjusted during the sentencing hearing in 1991, but that was not the case..