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

The sentencing guideline method, which was in effect between 1983 and 1994, recommended a 17 to 22-year sentence for the charges the jury found Kevin guilty of on his 24th birthday. But, because Kevin had a prior record, additional points were added to his sentence. So, because of Kevin's youthful offender record, the recommended sentence of 17-22 years was converted to life without parole on January 4, 1991. 

Kevin's record as a youthful offender are the consequence from when Kevin and a friend shot up a vehicle on June 20th 1984, in retaliation for this person destroying his friend’s car. They used two of his father’s firearms which resulted in his parents allowing criminal charges of burglary and grand theft to be brought against him. Kevin was initially sentenced to two (2) years of probation on January 11, 1985, but he quickly violated that by leaving his parents’ home frequently. Subsequently, due to Kevin's inability to abide by the terms of his probation, his parents pressed burglary charges for the guns he had taken during his initial offence. Kevin's parents could not contain or control Kevin at the time, so they thought that a little jail time would teach him a lesson. 

On July 16, 1985 Kevin agreed to a plea deal, which apparently added another charge for shooting into a dwelling. This charge is in conflict with the arrest documents from the shooting which clearly recorded that it was Kevin's friend, Vince, who fired the shotgun and not Kevin. These points which do not belong of Kevin's record were counted against Kevin in 1991.

On September 27th, 1985, Kevin was sentenced to 30 months incarceration. While in prison, Kevin was assigned to the Department of Transportation outside work detail. This led to another unwise decision to walk away from the detail which resulted in an additional charge of escape. This added an additional 12 months’ incarceration and even more points were added to his record. 

Kevin’s parents had no idea at the time that the charges of burglary and grand theft could or would be applied to any potential future sentence, not to mention enhancing it to the point of life imprisonment. They have made it clear to Kevin's attorney that they would never have agreed to allow the charges to be brought against him knowing what they know now. The prior conviction was simply the result of his parents trying to teach him a lesson for misbehaving. So now when you consider the erroneous plea charge added on top of everything else, it was imperative that Kevin's record needed to be adjusted. 

Kevin's attorney assured Kevin's parents that the youthful offender points would be adjusted during the sentencing hearing in 1991. But that was not the case.

While Kevin’s criminal history as an 18-year-old adolescent, whose foolish choices, and stupid actions with a friend, look much worse on paper than they really were, it was these prior convictions which ultimately caused the sentencing score that led to life imprisonment.