Pubdate: Sun, 03 Mar 2002 Source: Chattanooga Times Free Press (TN) Copyright: 2002 Chattanooga Publishing Co Contact: http://www.timesfreepress.com/index.html Details: http://www.mapinc.org/media/992 Author: Barry Graham LENIENT SENTENCES A CONCERN TO POLICE David Mays met Jeremy Tucker Davis on Jan. 8, when both men happened to be plying their trade. According to the police reports detailing events from that night, Mr. Davis was breaking into cars on Joiner Road in East Brainerd. At 25 years old, he already had been convicted of one aggravated burglary, three thefts of property and one possession of a controlled substance, records show. He had never served any time. David Mays was on duty as a Chattanooga police officer. At 27 years old, he had been on the job for three years. Before the night was over, Mr. Davis would add attempted murder to his arrest sheet. Officer Mays would be the victim. Police reports show someone saw Mr. Davis that night and called the police. Officer Mays showed up and chased Mr. Davis into the woods. As they fought, Mr. Davis pulled a gun, the police report states, and, with the gun close to Officer Mays' head, he pulled the trigger. Officer Mays felt the burning of the gunpowder and was deafened by the concussive noise of the shot. The bullet grazed his head. Police reports state Mr. Davis fired again, then again, then again. One of those shots hit Officer Mays in the back. Mr. Davis now is charged with more than 50 crimes, including attempted first-degree murder. His trial is scheduled to begin July 9. The incident is one of a number local police and prosecutors said demonstrates the way lenient criminal laws allow multiple offenders to go essentially unpunished until a violent act occurs. State officials and lawmakers said not much can be done about habitual offenders unless more prisons are built -- and that doesn't appear likely, with the state facing a budget shortfall of $350 million by the end of the fiscal year June 30. Ed Buice, the Chattanooga Police Department's public information officer, said some people with a "laundry list of arrests" always seem to get right back out on the street. "Nothing is more frustrating to an officer who puts his or her life on the line than to have the person they arrest end up right back out again," Mr. Buice said. Thanks to a bullet-proof vest, Officer Mays is alive and back at work. Donald Bond is not. He was a Hamilton County Sheriff's Deputy until September 6, 2001, when he was shot to death. He was 35. The man accused of killing him, Marlon Duane Kiser, was four years younger. Like Jeremy Tucker Davis, Mr. Kiser had a criminal history. According to court documents, he has "an extensive arrest record, which shows an alarming tendency to fight with the police." Court records show that in April 1989 he was charged with assaulting an officer in Chattanooga and resisting arrest, in an incident in which he admitted to fighting 12 to 15 officers during a field sobriety test. In January 1991, according to records, he was charged with assaulting Chattanooga police officers, and he was carrying a knife. The records also show that he spent time in mental hospitals in New York in 1996 and South Carolina in 1997, and that before the enforced hospitalization in South Carolina, he beat a man so badly that the man's cranial bones were exposed. In 2001, he was free. And then, according to the murder charge he is now facing, he met Deputy Bond. Hamilton County District Attorney General Bill Cox said he understands and shares officers' frustrations about the difficulty in keeping repeat offenders locked up. "Of course I think the law is too lenient," he said. "Davis had never committed a violent crime before, and the law is designed to keep nonviolent offenders out of jail. Nonviolent offenders get the least restrictive penalties. I wish the law was such that everyone who committed a crime would have to do some time." Mr. Cox added that even in cases in which a criminal does serve time, if the sentence is two years or fewer, they are automatically granted parole. "It's frustrating for the police, and it's frustrating for us," he said. "It's a matter of money. It's expensive to put people in the penitentiary." Although Tennessee has a "three strikes" law, under which a person can be sentenced to life if he or she commits a crime three times, Mr. Cox said it only applies to "high-grade violent crimes." According to FBI records, the national average for violent crime is 506.1 crimes per 100,000 population. In Chattanooga, the figure is 772.3, and in Nashville it's 973.3. "We need something similar (to the 'three strikes' law) for lower-grade crimes," Mr. Cox said. "But the public would have to be willing to fund it." Hamilton County Sheriff John Cupp said he sees leniency as something that leads to more serious crimes. "We tolerate it until something tragic happens," he said. "We have a sense of understanding, of empathy, but it's false. Reality has to smack you in the face and tell you that something has to be done." George Little, a spokesman for the Tennessee Board of Probation and Parole, said that as of last month, there are 27,968 convicted felons on probation statewide. Steve Hayes, a spokesman for the Tennessee Department of Correction, said the department does not have records showing the average number of felonies a person could be convicted of before being incarcerated. "If you commit felonies, you will go to prison," he said. "You might get probation for minor felonies." He said it was not realistic to have more punitive measures. "If you sentenced everyone who committed a felony to prison, you'd be building a prison every other day." Officer Mays sees it differently. "I've arrested people with three pages full (of felonies), and they still didn't go to jail," he said. "These people are not being punished. It drives me crazy when I think about it." Like Mr. Cox and Mr. Hayes, Officer Mays believes that money, or the lack of it, is the problem. "Yeah, the jails are overcrowded, but we have got to spend money to put criminals away. We can arrest them, but there's not much point when they're going to just get probation. It's amazing that somebody has to shoot me for them to put him away." Karla Gothard, executive assistant district public defender, said the system can be too lenient, but she says it's complicated. "It can also be too harsh," she said. "For example, if a crack addict buys a rock for $20 and sells half of the rock to another addict, that's possession of cocaine for resale, which is a class B felony, not eligible for probation. The law allows for no difference between an addict selling half a rock to another addict and a drug dealer selling 250 rocks to get people addicted." Ms. Gothard said the problem lies with legislation that came into effect in 1989 to combat overcrowding in the prisons. "There was such a problem with overcrowding that the Department of Correction was placed under Federal supervision for a while. Since 1989, the law has a presumption that probation will be granted if the sentence would be under eight years. "This system does have a lot of problems," she added, "but it's still probably the best in the world." State Rep. Phillip Pinion, D-Union City, chairman of the House Corrections Oversight Committee, said legislators have pushed "for some time" to convince the governor's office to build another prison. "They've refused to do it," Rep. Pinion said. "I think they just don't want to spend the money, but there is absolutely no doubt that we're going to have to have more space." Sean Williams, a spokesman for Gov. Don Sundquist, denied that the governor was refusing to build a prison. "It is not a matter of if, it's a matter of when the prison will be built, and exactly where," he said. "There is a process that needs to be followed, and this administration is seeing that the process is being followed thoroughly, and that all financial aspects are being taken into consideration." - --- MAP posted-by: Beth